Comelec to proceed with plebiscite

THE court is set to hear today the petition filed by a Labangon barangay councilor for it to stop the conduct of the plebiscite in Barangay Guadalupe this Saturday.

The plebiscite is meant to determine whether Guadalupe residents favor the separation of Sitios Banawa and Englis to form a new barangay.

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Unless ordered by the court not to, however, Atty. Edwin Cadungog, south district elections officer, said the Commission on Elections (Comelec) is proceeding with the preparations for the referendum.

“As long as there is no order from the court, we will hold the plebiscite. That’s our stand. I will abide by the order of the court. But we’ll cross the bridge when we getthere,” he said.

Cadungog said equipment and personnel from Comelec-Manila are arriving tomorrow to assist in the plebiscite.

The personnel includes a disbursing officer bringing the needed funds, particularly for the allowance of the members of the board of election inspectors of the 148 precincts.

Cadungog said his office is just implementing the law, and unless ordered by the court and their higher office, they are proceeding with the plebiscite.

United Banawa-Englis Association Inc. president Antonio Dangcalan, meanwhile, said they will show up to observe the proceedings.

He said they cannot believe that Guadalupe Barangay Captain Eugenio Faelnar does not have a hand in the petition filed by Labangon Barangay Councilor Victor Buendia, whose lawyer, Atty. Julius Ceasar Entise, is the legal counsel of the Association of Barangay Councils (ABC).

Faelnar is the Cebu City ABC president.

“Pagoryo-goryo sad na siya nga wala siya’y labot nga ang abogado man sa ABC ang abogado ni Buendia…. We are not convinced nga mo-prosper na siya (He’s just pretending not to know anything when Buendia’s lawyer is the lawyer of ABC),” Dangcalan said.

He declined to further comment on the petition, saying it only directly concerns Buendia and the Comelec.

Regional Trial Court Branch 58 Judge Gabriel Ingles summoned Buendia and the Comelec, represented by Cadungog, to appear in this afternoon’s hearing on the petitioner’s application for issuance of a writ of restraining order.

Entise expressed confidence that they could convince Ingles to issue an injunction to stop the plebiscite.

“We are confident that we can show the court that we have more than ample grounds for the issuance of a TRO (temporary restraining order),” Entise told Sun. Star Cebu in a text message. He confirmed that Buen-dia will also be attending the hearing.

Meanwhile, Faelnar said that he, too, wants the plebiscite to proceed so it can be decided once and for all whether or not Guadalupe residents agree to the creation of the new barangay.

He also said that just because Entise is the lawyer of the ABC does not mean that he has a hand in the petition Buendia filed.

He said Entise’s legal service is more affordable to barangay officials, which is why Buendia approached him.

“Maayo man ang kanang abogadoha nato exclusive nako nga dili man (The lawyer does not work exclusively for me),” Faelnar said.

Buendia said he had no other choice but to file a petition to stop the holding of the plebiscite on March 13.

He is a resident of Rosalina Village, which sits on the boundary of Labangon and Guadalupe, whose officials claim that the village is part of their territory.

The map approved under Republic Act 9905, or “An Act Creating a Barangay to be known as Barangay Banawa-Englis in the City of Cebu,” which President Arroyo approved on Jan. 7, however, showed that Rosalina Village is within the proposed barangay Banawa-Englis.

Rosalina Village’s residents are registered voters of Labangon and therefore cannot join the plebiscite.

Only registered voters of Guadalupe can participate to vote for or against the creation of the new barangay.

Buendia alleged that Barangay Captain Felix Abella is not doing anything to intercede for residents of Rosalina Village.

He blamed politics, saying that as first councilor, he is in a position to run for Labangon barangay captain, which would not happen if Banawa-Englis is created since his home will be within the new barangay.

Buendia said he is in an awkward situation since he is a Labangon barangay official, yet his home is now included in a barangay that will be created.