TUBURAN Mayor Democrito Diamante will remain chief executive of the northwestern town unless the Commission on Elections (Comelec) issues a new order.
Diamante was granted a 60-day temporary restraining order (TRO) by the Comelec 2nd Division last December 17 which prevented Lagon from taking over his post. The TRO is set to expire on Wednesday, January 17.
“Even if Mayor Diamante’s TRO will expire in the absence of a resolution or a new directive from Comelec, it’s a status quo. He will remain seated as mayor,” said Cebu provincial election supervisor, Lionel Marco Castillano.
The case stemmed from a decision by the Regional Trial Court (RTC) of Toledo City last October declaring Lagon as the “rightful winner” of Tuburan’s mayoralty race after a court-supervised recount of ballots.
Presiding Judge Hermes Montero issued a Motion for Execution Pending Appeal which gave Diamante 20 days to secure a TRO; otherwise, a Writ of Execution for Lagon to formally assume would be issued.
“All the records from RTC are now transmitted and under the possession of Comelec 2nd Division. Therefore, the RTC loses jurisdiction over the case.
We will have to wait for Comelec whether they will issue a permanent injunction or dismiss the petition of review filed by Mayor Diamante,” said Castillano.
Diamante who is now serving his last term said that he will leave the matter up to his lawyers.
“I’ll just follow whatever directive is issued by the Comelec,” he said.
Attempts by news reporters to contact Lagon’s camp yesterday proved futile.