This article was last updated on April 16, 2022
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Defying the orders of Supreme Court and Commission on Elections (Comelec), Mayor Emmanuel Maliksi remained at his post despite vacating it for Homer Saquilayan. Maliksi and his supporters have refused to accept the writ of execution on Monday and thus remain in the municipal hall.
“I’m still the mayor. The decision is not yet final; I have managed to file a motion for reconsideration in the Supreme Court,” Maliksi said.
According to Maliksi, the writ of execution is unconstitutional and invalid as it did not emerge from the court of origin which is the regional trial court. He said the Comelec writ of execution must be signed by all commissioners of the Comelec being an En Banc order while this writ was only signed by Comelec Chairman Sixto Brillantes Jr. and the Clerk of court.
While police surrounded the municipal hall, Maliksi and his supporters have reportedly confined themselves in it. When Saquilayan’s supporters gathered to welcome him, they were asked to return. Saquilayan has urged Maliksi to respect the Supreme Court and step down.
Remulla, Lawyer Arnulfo H. Pioquinto, Provincial Commission on Elections (COMELEC) supervisor, and other concerned authorities, had to scale the locked front gate to get into the small passageway at the side of the City Hall building to serve the writ and the SC order.
“We decided to serve and post the writ and the Supreme Court order when they (Maliksi and the others) did not heed and proceeded with the oath of office for Saquilayan to function as mayor of the city,” said Remulla.
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