THE legal battle between incumbent mayor of Tuburan town, Democrito Diamante, and his 2016 election rival, Daphne Lagon, continues.
This developed after Diamante got a Writ of Preliminary Injunction from the Commission on Election-2nd Division stopping the court decision, which declared Lagon as the “rightful winner,” in a court-supervised manual recount conducted last October.
“(This order) directs Hon. Hermes Montero, in his capacity as presiding judge of Branch 59 of the Regional Trial Court of Toledo City, and all persons under his direct supervision, to cease and desist from proceeding with EPC Case No. 2016 – 9 entitled ‘Daphne A. Lagon vs. Democrito M. Diamante’, as well as performing other acts/incidents relating to the aforementioned case until further orders from this Commission,” the order stated.
Lagon, through her lawyer, Manuelito Luna, said that they had not yet received an official copy of the Comelec’s decision, but they planned to raise the case to the Supreme Court by filing a for certiorari if their motion to dissolve the injunction would be junked.
“Our camp is already aware of the development but we will take the appropriate steps. By Monday, we will file a motion to dissolve the writ of preliminary injunction. If the Comelec’s decision will not be reversed, we will file a petition of certiorari before the SC,” Luna told Cebu Daily News in a phone interview yesterday.