PANIQUI, Tarlac- The Commission on Elections (Comelec) en banc has finally resolved the mayoral conflict in this town by junking the decision of a regional trial court (RTC) judge in the town against presiden-tial cousin Mayor Miguel Rivilla.
In a 12-page en banc decision certified by Comelec chair Sixto Brillantes, Jr., the polls body noted that in the 2013 elections, Rivilla garnered 22,909 votes, as against only 19,676votes of rival Rommel David. It noted that in September, 2013, Paniqui RTC judge Serafin Cruz had junked the electoral protest of David.
Despite this, David filed in October yet another motion for reconsideration, this time before the sala of another RTC judge, Agapito Laoagan, Jr. from Benguet who then was a newly appointed “assisting judge” in Paniqui.
It was Laoagan who acted favorably on David’s petition which led toa recount of ballots that invalidated some 3,000 votes in favor of Rivilla, thus enabling Ramos to assume post late last year amid tension at the town hall.
Rivilla and David traded motions for reconsideration that led last December to a status quo order from the Comelec in favor of David, pending the resolution filed by Rivilla against David and Laoagan.
The Comelec noted that the earlier decision of RTC judge Cruz was already “final and executory” and that “any amendment or alteration, which substantially affects a final and executory judgment, is null and void for lack of jurisdiction, including the entire proceedings held for that purpose.”
It also noted that David wrongly filed a motion for reconsideration before the RTC instead of an appeal before the Comelec. Thus, the Comelec en banc dismissed with finality David’s electoral protest. Rivilla earlier said that the case was triggered by his conflict with his uncle, Tarlac 1st District Rep. Henry Cojuangco over the issue of the construction of a district hospital in Paniqui.
Rivilla won as independent candidate for mayor, against David who was candidate of the Nationalist People’s Coalition. During rallies at the Paniqui town hall while David occupied the town hall, former Tarlac Gov. Margarita “Tingting” Cojuengco showed up to back Rivilla. Rivilla is reportedly being eyed by Mrs. Cojuangco as running mate when she runs for governor in 2016.
