LABANGON Barangay Councilor Victor Buendia yesterday asked Judge Gabriel Ingles to “set aside” his order denying the application for a writ of preliminary injunction for the plebiscite creating Barangay Banawa-Englis.
Buendia, through his lawyer, Julius Ceasar Entise, submitted his motion for reconsideration to Ingles, presiding judge of the Regional Trial Court Branch 58.
He said it is not an issue whether or not Rosalina Village is part of Barangay Labangon or Guadalupe, but his political and economic rights in the plebiscite.
“The petitioner will be directly and grossly affected by the material change of his political rights should the new barangay be created,” said Entise.
Last March 29, Ingles denied the application for a writ of preliminary injunction Buendia sought on the proposed plebiscite splitting Barangay Guadalupe into two barangays.
Buendia, who is on his second term as barangay councilor of Labangon and a member of Rosalina Village Homeowners Association, stands to lose his residency and might even be disqualified as barangay councilor of Labangon if the village will become part of Barangay Banawa-Englis.
The petitioner said the inclusion of Rosalina Village as one of the puroks of Sitio Banawa “is indubitably a substantial alteration” of the boundary of Barangay Labangon.
Last March 10, the court issued 20-day Temporary Restraining Order (TRO) against the plebiscite, which was scheduled last March 13.
Entise said the court failed to give “ample reconsideration” to their argument that the issue relies solely on the issue whether or not Rosalina Village belongs Barangays Labangon or Guadalupe.
During the hearing, Entise said Buendia “sufficiently adduced” that he is a registered voter of Labangon.
Entise said Comelec Resolution 8774, which mandates that the plebiscite be held in Barangay Guadalupe, “created an unfair discrimination” of the residents in Rosalina Village and other residents of Barangay Labangon who are prohibited to participate in the plebiscite.