CITY OF SAN FERNANDO鈥擳he Commission on Elections (Comelec) has dismissed an election complaint against Mayor Miguel Rivilla of Paniqui town, Tarlac province, in effect resolving the mayoral dispute there in the mayor鈥檚 favor.
But despite the Nov. 12 Comelec resolution, Rivilla said former Tarlac Board Member Rommel David continued to act as mayor and remained holed up at the third floor of the town hall.
David, a candidate of Nationalist People鈥檚 Coalition, had challenged Rivilla鈥檚 2013 victory in court but his complaint and motion for reconsideration were dismissed by Judge Serafin Cruz of the Paniqui Regional Trial Court (RTC).
However, Judge Agapito Laoagan Jr., assisting judge of RTC Branch 67, acted in favor of David鈥檚 second motion for reconsideration by invalidating 3,684 of the votes Rivilla received.
Rivilla won a 60-day temporary restraining order (TRO) from the Comelec when he questioned Laoagan鈥檚 ruling but it lapsed on Oct. 27, allowing David to assume office.
Last week, the Comelec鈥檚 First Division, presided by Commissioner Lucenito Tagle and joined by Commissioners Christian Robert Lim and Al Parre帽o, nullified Laoagan鈥檚 ruling, saying Cruz鈥檚 June 6, 2013, order became final and executory.
David did not take the Inquirer鈥檚 calls or respond to text messages sent to his phone on Monday.
The Comelec鈥檚 Nov. 12 resolution said David erred when he filed a motion on July 8, 2013, instead of filing an appeal five days after receiving Cruz鈥檚 order.
In spite of the Comelec First Division鈥檚 TRO issued on July 25, Laoagan had ordered a recount that led to the proclamation of David as mayor of Paniqui, with 19,617 votes against Rivilla鈥檚 19,010. The Comelec said, 鈥淚t is a fundamental rule that when a final judgment becomes executory, it thereby becomes immutable and unalterable.鈥�
鈥淲hile it is true that procedural rules may be relaxed in the interest of substantial justice, they are now, however, to be disdained as mere technicalities that may be ignored at will to suit the convenience of a party. They are intended to ensure the orderly administration of justice and the protection of substantive rights in judicial proceedings,鈥� according to the resolution. Tonette Orejas, Inquirer Central Luzon