DILG recognizes Cunanan as Magalang mayor

MAGALANG, Pampanga, Philippines - The Department of the Interior and Local Government (DILG) has implemented the writ of preliminary injunction issued by the Commission on Elections (Comelec) en banc reinstating Mayor Lyndon Cunanan as mayor of this small town. The DILG issued a memorandum recognizing the Comelec en banc order and reinstated Cunanan as local chief executive of this municipality. "The DILG has already implemented the Comelec order so whether (Romulo) Pecson likes it or not, he should leave the mayor's office," Cunanan said. But according to Pecson, the Comelec en banc order is "not final and executory." The Comelec en banc issued a ruling on May 21 granting Cunanan's "Manifestation and Motion for Partial Reconsideration of the Honorable Ponente's Opinion." The election body said the "order of the Regional Trial Court (RTC) dated December 3, 2007, declaring Pecson as the town mayor, to be set aside. It also granted the motion to quash the March 11, 2008 writ of execution pending appeal of the trial court." It also directed both camps to observe the status quo prevailing prior to the filing of the election protest. The decision was signed by Chairman Jose Melo and Commissioners Romeo Brawner, Rene Sarmiento, Nicodemo Ferrrer, and Moslemen Macarambon. In granting Cunanan's motion, the Comelec said there would be irreparable damage for the people of Magalang because of the series of turnover of power. It also maintained that the RTC decision has yet to attain finality and that Cunanan and Pecson be considered as "presumptive winners", respectively. "It is of judicial notice that executing the decision of the trial court while the commission discharges its function of reviewing the finding of the trial court would necessarily entail unseating of the protestee, which inevitably results not only in the disruption of public service but in confusion in the running of the affairs of local government," the Comelec stated. Pecson's camp, however, does not consider the Comelec decision final and executory. "We will still wait for 30 days before the Comelec order become final and executory," said Pecson's lawyer, Ananias Canlas. Canlas cited Section 13 Rule 18 of the 1993 Comelec Rules and Procedures which states that in ordinary actions, special proceedings, provisional remedy and special relief, a decision of the Comelec en banc shall become final and executory after 30 days from its promulgation. He also said they could always file a petition for certiorari with the Supreme Court (SC) and likewise secure an injunction and temporary restraining order on the Comelec decision. Pecson officially assumed office as town's chief executive on April 14 following a four-week stalemate between him and Cunanan. The two hold office as town mayor for about one month. - Sun.Star Pampanga