THE LEAGUE of Municipalities in Tawi-Tawi has passed a position paper and cited a legal opinion of the Department of the Interior and Local Government or DILG on the issue of “persona non grata” following a resolution of the Provincial Board which declared a local judge as unwanted in the province.
The Provincial Board or the Sanguniang Panlalawigan presided by Vice Governor Michael Ahaja, in a resolution approved by its members on October 16, declared Judge Grace Tillah, of the Regional Trial Court Branch 26, “persona non grata” after she affirmed candidate Benzar Tambut winner in the 2019 general elections following an electoral protest he filed against Simunul Mayor Wasilah Abdurahman.
The resolution also accused Judge Tillah of abusing her office. The provincial board resolution was also approved by Tawi-Tawi Governor Yshmael ‘Mang’ Sali.
Not so fast
But the governor’s elder brother, Abduhasan Ismail Sali, who is the municipal mayor of Languyan and concurrent chapter president of the League of Municipalities in Tawi-Tawi, does not agree with the provincial board resolution declaring Judge Tillah as “persona non grata.”
Mayor Sali said the League of Municipalities, comprising the 11 municipalities of Tawi-Tawi is constrained to come with their position paper, following Judge Tillah’s “persona non grata” declaration by the Provincial Board.
The position paper said the Latin term “persona non grata” is use to describe an “unwelcome person” who is no longer welcome to the government to which he or she is accredited and is barred from remaining in the country. It said normally, the term “persona non grata” is appropriately used against unwanted diplomat or foreign dignitaries and / or foreign individual staying in a domicile other than his home country.
It further said that there have been instances where the term “persona non grata” is being used in its generic term by local legislative bodies to express their sentiments or opinion on certain matter.
DILG Opinion
The League of Municipalities has cited the DILG Opinion No. 30, (Series of 2020) dated February 7, 2020 and signed by Interior Secretary Eduardo Año in the case of Anahawan Mayor Roberto Loquinte in Southern Leyte. It said the DILG Opinion “is very informative and should guide legislative bodies in the usage of the term.”
In the DILG Opinion, Secretary Año said a resolution is merely a declaration of the sentiment or opinion of a law-making body on specific matter. Thus, a resolution declaring a certain person as “persona non grata” is a declaration of the sentiment of a law-making body over that person.
“While it is true however that a local Sangunian like you may pass a resolution declaring your sentiment and that would include declaring a certain person as “persona non grata,” the same must be done within the bounds of the law. That is, if such declaration is your way of expressing your sentiment, this is perfectly within your authority. However, if such declaration would already engender preventing Mayor Loquinte from assuming his office and/or discharging his function, this is already reprehensible.”
“Thus, you are hereby advised to act within the bounds of law and abide by the duly-issued COMELEC Writ of Execution. Until such time that the write of execution is reversed by a competent court, the same remains valid and must be enforced. Dura lex, sed lex. The law may be hard to observe or difficult to obey, but it remains the law and must be therefore followed just the same,” Secretary Año said in his letter addressed to the members of the Sanguniang Bayan of Anahaw.
Mayor Loquinte’s “persona non grata” tag stemmed from the ruling of the Commission on Elections (COMELEC) which issued a Writ of Execution in his favor.
Prudent, Cautious
Mayor Sali said: “Guided by the above Opinion and ruling of the DILG, and as duly elected officials of the Municipalities in the Island Province of Tawi-Tawi, it is the position of the League to be prudent and cautious enough in following Resolution No. 16-072.”
He said the League of Municipalities respects the sentiments of the members of the Sanguniang Panlalawigan, however, the resolution declaring Judge Tillah shall remain a mere resolution.
“It is our position that Resolution No. 16-072 shall not hamper the sworn duty of Judge Grace C. Tillah to function as the Regional Trial Court Branch 26 of Sapa-Sapa; neither will it hamper her constitutionally-protected rights to travel from her abode to her place of work and vice versa.”
“While the League fully understands and respects the sentiments of the members of the Sanguniang Panlalawigan, it is however our position that the issue raised in Resolution No. 16-072 is political in character involving parties to the case which could fully ventilated by following the appropriate judicial remedy on appeal or certiorari, as the case maybe, available to the parties,” Mayor Sali said.
“Moreover, assuming arguendo, that Judge Grace C. Tillah had abuse her office resulting to miscarriage of justice, the appropriate remedy is to elevate the matter to the attention of the COMELEC and / or the Supreme Court where the decision and/or authority of Judge Grace C. Tillah may be reviewed and sanction may be imposed. This is due process in action. Finally, the League in the Island Province of Tawi-Tawi does not want to experience local lockdown between and among the Executive, Legislative and the Judiciary branches of the government where the three equal branches of government to function and to serve them, and serve them well,” he added.
The League of Municipalities said it will furnished its position paper to all the municipal mayors, government offices, regional and municipal trial courts, members of the Academe and the tri-media, business chambers, including the hotels, resorts and restaurant owners for wider dissemination and information.
Ignorance
Judge Tillah also criticized the provincial board resolution declaring her “persona non grata.”
“This resolution is clear evidence that ignorance resonates in the provincial administration. They who did not witness court proceedings arrogated unto themselves judicial power and seek ouster of a judge who only followed the law. Lawlessness and ignorance should not characterize each Tawi-Tawian. This is a disservice to the community.”
She further said that courts should be respected as a co-equal branch in a Republican government and that Executive and Legislative branches should work in their own jurisdictions.
“Only courts have the power to try and decide electoral protests subject to appeals process, including issuance of temporary restraining orders. Ours is a government of laws and not of men. Just because a court decision is not to one’s liking is not license for the other branches of government to cast aspersion, hence eroding confidence on the judicial system otherwise people will just take the law into their own hands. This does not augur well for a stable government and a stable community because the three branches (Legislative, Executive and Judicial) belong to one entity - the Republic of the Philippines,” Judge Tillah said.
How It Began
In challenging Mayor Abdurahman, candidate Tambut claimed massive fraud, anomalies and other irregularities in the elections and the National Bureau of Investigation (NBI) was tapped to conduct technical examination of election documents, including official ballots which yielded to the discovery of the following – deceased persons were able to cast their votes, illiterate voters were able to sign their names in the ballots legibly and there were inconsistent thumb marks in the Book of Voters, registration records and posting of the list of voters.
According to the court’s decision, Judge Tillah invalidated over 5,000 votes of Mayor Abdurahman due to massive fraud. The Court also took reliance on the findings of the NBI during the examination of pertinent election documents. The technical examination is one legal process allowed by law to protect the sanctity of ballots and mandate of the electorate. In this process, the NBI takes charge of the examination of documents being the only agency possessing expertise on the matter.
In her six-page decision dated October 5, Judge Tillah invalidated Mayor Abdurahman’s proclamation on the ground of “massive fraud, anomalies and other irregularities” in 23 clustered precincts.
“The proclamation of protestee Wasilah Abdurahman is hereby held invalid, annulled and set aside on the ground of massive fraud, anomalies and other electoral irregularities in the 23 clustered precincts. Protestant Benzar Tambut is hereby declared as the legally and duly elected mayor in the municipality of Simunul being the winning candidate with the highest number of plurality of valid votes cast,” Judge Tillah said.
“Protestee Wasilah Abdurahman is hereby ordered to vacate her position and to cease and desist from further discharging the duties and functions officially vested in the office of the municipal mayor of Simunul which are now conferred in favor of protestant Benzar Tambut, who is hereby ordered to act, perform and discharge the duties and responsibilities and all incidents pertaining thereto,” she added.
Municipal authorities were also ordered to enforce and implement and assist in the implementation of the court’s order.
Mayor Tambut and his supporters praised the decision of the court. (Mindanao Examiner)
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