SC junks Divinagracia’s petition, affirms Comelec ruling on Centena victory
The Supreme Court (SC) ended any and all expectations left for a twist of fate of Salvador Divinagracia Jr., ‘dethroned’ vice mayor and mayor of Calinog, Iloilo.
This, as a Notice of Judgment was issued by the SC following an SC En Banc Decision reached on his Petition. Divinagracia has since questioned earlier Resolutions of the Commission On Elections (Comelec) declaring the victory of sitting mayor Alex Centena.
Contained in a 16-paged En Banc SC Decision, Associate Justice Conchita Carpio Morales ruled that Divinagracia in his Petition failed to establish “or even allege, the presence of grave abuse of discretion with respect to the substance at the assailed Resolutions.”
“Petitioner’s silent stance on this point is an implied waiver of whatever infirmities or errors of law against the substantive aspect of the assailed Resolutions, for the Court abhors a piecemeal approach in the presentation or arguments and the adjudication thereof,” excerpts of the SC Decision went. “WHEREFORE, the petition is DISMISSED for lack of merit.”
Chief Justice Reynato Puno concurred alongside ten Associate Justices.
With the Notice of Judgment and SC Decision came the ultimate victory for Centena and the Comelec though Centena has since assumed the post as Calinog mayor.
While elected as vice mayor, Divinagracia in March 2008 assumed the town’s mayorship due to the death of former Mayor Teodoro Lao. The Comelec ruling came thereafter that ignited the “in-house” battle in said town.
Divinagracia for weeks maintained that he was the rightful mayor though orders came for Centena to assume post backed by the Department of Interior and Local Government (DILG).