TAYUG–Vice Mayor Janet Zaragoza is secured in her post after the Regional Trial Court denied the motion of former vice mayor Madelyn Ramirez on October 7 for the execution of the court’s judgment in the latter’s favor pending appeal.

The decision of RTC Judge Emma Ines Parajas of Branch 52 on October 22, 2008 in effect gave Zaragoza’s appeal before the Commission on Elections on the court’s decision that declared Ramirez as winner of the vice mayoralty election in 2007 by a plurality of 82 votes, its due course in denying Ramirez’ motion for the execution of judgment, Judge Parajas cited Section 11, Rule 14 of the Rules of Procedures in Election Contests involving elective municipal and barangay officials which provides that the execution pending appeal can be issued only within the period to appeal which is five days from the date the decision was promulgated.

The decision stated that since both parties received the copies of the decision on October 8, the victorious protestant had until October 13 to appeal because it is within this period that the court is allowed to issue an order of execution.

Records showed that the motion for execution of judgment pending appeal was filed by Ramirez’ counsel on October 9 and was furnished the protestee’s (Zaragoza’s) counsel. The hearing the next day, however, was postponed to October 20 because Zaragoza appeared without her counsel.

“To grant the instant motion beyond the five day period fixed by the rules would be a clear violation of Section 11…” the judge penned.

In her decision, Judge Parajas’ cited specific rules that were applied in denying the motion.

Ramirez could not be contacted for comment on the RTC decision. -LM

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