Today's RTC Hearing on Viga Mayoralty Row Cancelled
Jose 'Siksik' Torres and his counsel did not appear in the scheduled RTC hearing today, November 29, 2005 about their opposition to the "motion for the grant of writ of execution" previously filed by protestant Abelardo Abundo Sr.on the result of an earlier RTC decision pronouncing the latter as the winner in the judicial recount pertaining to the Viga mayoralty post.
Instead, the court was advised that the opposition brief expected to be filed today by Torres and counsel was mailed or about to be mailed today from the Manila Office of the lawyer for Torres.
Observers commented that the legal ploy resorted to was 'clearly delaying tactics and nothing else' that will not amount to anything to change the RTC decision declaring Abundo as the 'duly elected mayor of Viga'.
According to Atty. Arnel Sarmiento, counsel for Abundo, there are 11 established jurisprudence on the matter of 'writ of execution' in decided election cases which vest the RTC the prerogative to order the assumption of a winning candidate in a judicial recount even pending a protestee's appeal to the COMELEC en banc.
One of these cited jurisprudence is governed by Section 2, Rule 39 of the 1997 Rules of Civil Procedure which states that "execution pending appeal should be based upon 'good reasons to be stated in a special order'. The following constitute "good reasons" and a combination of two or more of them will suffice to grant execution pending appeal: (1) public interest involved or will of the electorate (2) the shortness of the remaining portion of the term of the contested office and (3) the length of time that the election contest has been pending." (Fermo v. COMELEC, G.R. No. 140179, Mar. 13, 2000).
The RTC will release its final decision on the 'writ of execution' upon receipt of the opposition brief filed by the counsel of Torres through postal mail which is expected early next week.
No further hearing was set by the RTC.
Instead, the court was advised that the opposition brief expected to be filed today by Torres and counsel was mailed or about to be mailed today from the Manila Office of the lawyer for Torres.
Observers commented that the legal ploy resorted to was 'clearly delaying tactics and nothing else' that will not amount to anything to change the RTC decision declaring Abundo as the 'duly elected mayor of Viga'.
According to Atty. Arnel Sarmiento, counsel for Abundo, there are 11 established jurisprudence on the matter of 'writ of execution' in decided election cases which vest the RTC the prerogative to order the assumption of a winning candidate in a judicial recount even pending a protestee's appeal to the COMELEC en banc.
One of these cited jurisprudence is governed by Section 2, Rule 39 of the 1997 Rules of Civil Procedure which states that "execution pending appeal should be based upon 'good reasons to be stated in a special order'. The following constitute "good reasons" and a combination of two or more of them will suffice to grant execution pending appeal: (1) public interest involved or will of the electorate (2) the shortness of the remaining portion of the term of the contested office and (3) the length of time that the election contest has been pending." (Fermo v. COMELEC, G.R. No. 140179, Mar. 13, 2000).
The RTC will release its final decision on the 'writ of execution' upon receipt of the opposition brief filed by the counsel of Torres through postal mail which is expected early next week.
No further hearing was set by the RTC.
posted by Viganon Online @ 9:35 AM
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