PANIQUI, Tarlac – If they do not act favorably on the petition against the arbitrary issuance of the writ of execution by the judge here, the three commissioners of the Commission on Elections (Comelec) can be impeached for betrayal of public trust.
This was the warning made by election lawyer Romulo Makalintal on the controversial mayoral row here after the judge of the Regional Trial Court (Branch 67) caused the issuance of a writ of execution installing defeated candidate Rommel David as municipal mayor.
The leadership dispute has directly paralyzed the operations of the local government unit in this municipality with employees deprived of their salaries and wages since October 31. Incumbent Mayor Miguel “Dors” Rivilla petitioned the Comelec to cite Judge Agapito Laoagan, Jr. for “direct contempt” for acceding to hear David’s second motion for reconsideration despite the fact that the same court had previously dismissed the protest twice.
Makalintal said Rivilla can go to the Supreme Court (SC) citing the year 2000 case of Jose Carlos vs. Judge Adoracion Angeles where the decision, as in the present Rivilla case, “was not only grave and whimsical but also palpable and patent and the invalidity is shown on its face.”
The noted election lawyer opined that “election contests involve public interest and technicalities should not be allowed to stand if they constitute an obstacle to the determination of the true will of the people.”
The annulment of the more than 3,000 double-shaded ballots of Rivilla is tantamount to massive disenfranchisement of innocent voters who cast their ballots without due process, Makalintal noted.
He explained that the RTC’s dismissal of the election protest became final and executory when David did not file a notice of appeal within five days after its receipt. Meanwhile, the protest against David’s RTC-induced leadership continues with Rivilla supporters massing at the town hall.
The Rivilla rally turns into an entertainment program at night when singers and dancers take the stage even as municipal employees are hurting because of their having been deprived of their salaries and wages.
Last Thursday night, the employees rallied for peace and flew white balloons. “We are praying for peace to come back,”said an employee. This town is also the birthplace and hometown of the late former President Cory C. Aquino, President Noynoy Aquino’s mother.
