Expedite resolution of motion for reconsideration urged

THE convenors of the Paglaum Village plebiscite has asked the City Council of Bacolod to help them prod the Commission on Election (Comelec) en banc to expedite the resolution of their motion for reconsideration filed last January 9, 2013.

This prompted the City Council to pass a resolution authored by Councilor Caesar Z. Distrito, chairperson of the Committee on Laws, Ordinances and Good Government and at the same time the author of the Barangay Paglaum Ordinance, to address the request of the convenors group headed by lawyer Gemeno Ymballa.

Ymballa appeared before the City Council Wednesday afternoon and asked what to do, considering that the scheduled date of the plebiscite had already lapsed and they had filed a motion for reconsideration to the Comelec en banc.

Earlier, Ymballa furnished two letters to the Council, one asking the latter to secure the budget intended for the conduct of the plebiscite because they are afraid that the amount might be reverted back to the General Fund of the City and the other asking for the rescheduling of the date of the plebiscite.

City Legal Officer lawyer Joselito Bayatan, who was also invited by the City Council to shed light and to answer some legal questions on the issue, said the decision of the Comelec should be upheld and to let them decide first, given that they have their constitutional mandate.

As to the budget for the plebiscite, Bayatan said that a solid basis on the budget should be made and the ordinance had provided already the amount for the plebiscite with a clear purpose as to where the amount should be used and this is a statutory obligation that the city is mandated to do.

He added further that what should be done first to resolve this issue is to identify the period of the plebiscite and that the local Cmelec has no authority to set the date of the plebiscite.

Councilor Dindo Ramos said also during the deliberation that, if the Comelec Office cannot perform or conduct the plebiscite, they should deputize the Liga ng mga Barangay to conduct the plebiscite.

Distrito said that, for him, the motion and the manifestation filed by the convenors group before the Comelec en banc should be acted first before the Council can act on it, the reason why such resolution requesting them to fast track the resolution of the Motion for Reconsideration.

Distrito said further that he had already informed the convenors group that, if ever the date of plebiscite will not be realized, he will amend the ordinance and set another date to conduct the plebiscite.

Distrito added that the mayor assured the convenors group that the budget will be set aside, if there is already a definite date for the plebiscite.