TUGUEGARAO CITY, Cagayan (May 19)—A petition for quo warranto filed against Mayor Celia Layus of Claveria town for “continuously incapacitated” to perform her duty has been denied for “lack of merit” by the Regional Trial Court (RTC) Branch 12 of the Second Judicial Region in Sanchez Mira town.
Executive Judge Gemma Bucayu-Madrid of RTC-Branch 12 in her decision dated April 23, 2021 states: “Wherefore, in light of all the foregoing, the petition is hereby denied for lack of merit.”
Claveria Vice Mayor Solferino Agra filed the petition for quo warranto against Layus asking the RTC to declare the latter as “continuously incapacitated to perform the duties of a mayor and all transactions, memorandums, orders and the like she has made therefrom are considered void ab initio.”
According to Agra, the reckoning period of Layus’ alleged incapacity starts on Nov. 13, 2019 and remains so until declared otherwise by a competent authority.
Agra also prayed in his petition for the court to order “the issuance of a writ of quo warranto against respondent-mayor restraining her from holding office; placing the petitioner-vice mayor to discharge the office of the mayor as acting mayor.”
Agra also alleged Layus was signing documents with the use of her thumb mark and signatures different from her usual signature.
However, Bucayu-Madrid’s decision said an action for quo warranto as a remedy is unavailing as to determine whether or not an official has committed misconduct in office.
It said quo warranto is not the proper legal vehicle to evaluate the person’s performance in the office.
“And, even if such allegations were true, the signing of the documents using one’s thumb mark or other style of handwriting does not necessarily redound to one’s incapacity to discharge one’s official functions,” the decision said.
“It may be corroborative evidence to bolster the principal evidence, which, unfortunately, is lacking in the case at bar,” it added.
Also in her decision, Bucayu-Madrid cited the Supreme Court which repeatedly stressed the importance of giving effect to the sovereign will of the people.
“Unless there is substantial evidence that should convince this court to oust the respondent-mayor by reason of permanent incapacity, fully explained to its satisfaction, this court will continue to uphold the will of the people, who elected her to be their mayor,” Bucayu-Madrid said.
In the May 13, 2019 elections, Agra defeated Layus’ vice mayoral candidate Richmond Jay Tumaneng. LCD