ELECTED officials of Compostela, Cebu consisting of mayor-elect Joel Quiño, vice mayor-elect Nenette Dangoy and the eight councilors failed to assume office yesterday .
The Commission on Elections (Comelec) 2nd Division suspended their proclamation pending the resolution of the petition filed by outgoing Mayor Ritchie Wagas.
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Wagas ended up installing Association of Barangay Councils (ABC) president Felijur Quiño, Joel’s brother, as acting mayor to prevent a power vacuum.
Felijur was reportedly the campaign manager of Wagas during the May 10 elections. Wagas reportedly was instrumental in installing Felijur as ABC president after the 2007 barangay election.
Department of Interior and Local Government (DILG) 7 Director Pedro Noval, however, said Wagas’s action had no basis.
“Dili na mahimo uy (That can’t be done),” Noval said.
In an interview with Sun.Star Cebu yesterday, Noval said Comelec has yet to decide on Wagas’s election protest.
Noval added that since Joel has yet to receive the resolution from the Comelec en banc 2nd Division, he and eight of his councilors can still assume their posts.
With the incident, Noval hopes to receive the resolution and authenticate it so he can act on the matter.
Wagas said he invited Felijur and told him that because he was the only official left, he had the inherent right to assume as mayor while Wagas ended his term as chief executive at noon yesterday.
Felijur said he is willing to stay in the post until Wagas’s petition is resolved.
Since the order was issued by Comelec 2nd Division Presiding Commissioner Nicodemo Ferrer, Joel can file a motion for reconsideration or elevate the case to the Comelec en banc.
Cebu Provincial Election Supervisor Lionel Marco Castillano confirmed the suspension of the proclamation of Joel and eight other councilors.
He said it will be up to the DILG to decide on who to appoint as acting mayor.
Noval reportedly considered naming Cebu Gov. Gwen Garcia as caretaker of the Compostela Municipal Government.
Castillano went to Compostela yesterday to serve the order.
Joel’s legal counsel John Cane told Sun.Star Cebu there is no legal impediment for the newly elected officials to assume office because they already took their oaths of office before Rep. Ramon “Red” Durano VI (Cebu, 5th district) when former president Gloria Arroyo visited Danao City last June 28.
Cane said Ferrer’s order was highly unprocedural, considering they did not receive a copy of the urgent motion to suspend the proclamation.
“How can we answer something we did not receive?” Cane told Sun.Star Cebu.
Wagas said Joel and the other officials can take their oaths of office several times, but the fact remains their proclamation has been suspended.
Errirs
Wagas said the Comelec took cognizance of his petition because the Municipal Board of Canvassers (BOC) and the representatives of Smartmatic, supplier of the machines for the automated elections, testified there were irregularities in the election in the town.
Wagas submitted a copy of a letter sent to Castillano by Election Officer Desierto Hortelano Jr., chairman of the BOC, informing him of the errors and discrepancies they encountered during the canvassing of electronic election returns.
Wagas also submitted to the Comelec the affidavits of Alberto Melendres and Lorenzo Almodiel, BOC member and vice chairman, respectively, affirming Wagas’s claim the 14 ERs did not appear in the audit/print log of the consolidating machine and despite their absence, it appeared the machine still canvassed them.
Tensions rose in Compostela yesterday as supporters of both camps held rallies in front of the municipal hall, prompting Senior Supt. Erson Digal, acting provincial police director, to send a peacekeeping force to the area. The group was backed by soldiers from the 71st Infantry Battalion.
(EOB/JKV)
Published in the Sun.Star Cebu newspaper on July 1, 2010.