Comelec reinstates Aquino cousin
CITY OF SAN FERNANDO— The Commission on Elections (Comelec) on Monday served a writ of execution that reinstated Miguel Rivilla, a second cousin of President Aquino, as mayor of Paniqui town in Tarlac, ending an election dispute with Nationalist People’s Coalition candidate Rommel David that triggered tension there.
Lawyer Emmanuel Ignacio, Comelec assistant director in Central Luzon, said a representative from the Comelec national office served the writ.
Florida Dijan, regional director of the Department of the Interior and Local Government, said the writ was served at past 11 a.m., which was witnessed by the agency’s Tarlac officials.
The writ came after David failed to get from the Supreme Court a temporary restraining order against a Jan. 30 Comelec en banc resolution that dismissed his election case against Rivilla.
According to the poll body, a June 6, 2013, order issued by Judge Serafin Cruz which dismissed an election protest filed by David, was final and executory.
But David, a former provincial board member, served as mayor for less than six months on the strength of another court order issued by another judge, which Comelec found to be improper.
A secretary of David declined to receive the writ, according to an Inquirer source. A copy was posted at the glass door of David’s office.
David left the municipal hall on Monday morning. He did not answer calls made by the Inquirer.
The Comelec said all orders and proceedings of the lower court after Cruz’s order should be struck down.
“To reiterate, the order dated June 6, 2013, issued by Judge Serafin Cruz dismissing the protest for insufficiency of form and content and for not complying [with the rules of procedures in election contest] is in the nature of a final order as it ruled on the merits and completely disposed of the election protest,” the resolution said.
“It was not merely an interlocutory order but a final disposition of the case,” it said.
The Comelec said “it is a fundamental rule that when a judgment becomes final and executory, it thereby becomes immutable and unalterable and 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.” Tonette Orejas, Inquirer Central Luzon
