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Thursday, May 25, 2006
Court stops Gwen nominee to Lapu-Lapu City Council
By Rose O. Verzosa
Sun.Star Staff Reporter
A 20-DAY temporary restraining order (TRO) issued a few minutes before yesterday’s Lapu-Lapu City Council session blocked lawyer Francisco Senerpida from assuming his seat in the legislative body.
But even if the TRO had not been issued, Vice Mayor Norma Patalinjug said that Mayor Arturo Radaza’s allies in the council prepared a strategy to keep Senerpida from participating in their session.
Radaza, acting as chairman of the city chapter of the Alayon party, filed a case for injunction to stop Senerpida from taking over the seat left vacant by the death of Councilor Alley Berdin.
Named as respondents were Gov. Gwendolyn Garcia, Mandaue City Mayor Thadeo Ouano, Patalinjug and Senerpida.
The court conducted a hearing on the request for TRO yesterday morning and issued the TRO “after a cautious evaluation of the arguments of the parties... and given the urgency of the matter.”
A copy of the order was furnished to the City Council at 1:40 p.m. yesterday.
“While this court is initially reluctant to dip its fingers into what appears to be a political squabble, it is however summoned to resolve an issue that involves rights that the court, under the Constitution and statute, is duty-bound to adjudicate,” said Regional Trial Court (RTC) Branch 54 Judge Victor Teves in his order.
‘Defective’
Radaza’s counsel Richard William Sison told the court that Garcia’s appointment of Senerpida was defective.
The Alayon party did not nominate Senerpida for the post. Senerpida is a member of the Lakas party, where Garcia and Ouano also belong.
Sison pointed out that Section 45(b) of the Local Government Code requires that the appointee must come from the same political party as the member who caused the vacancy.
The appointee must have a nomination and certificate of membership from the highest official of the party.
But lawyer and Capitol consultant Pablo John Garcia, who represented Senerpida in court, argued that the provision cited by Sison applies only when the vacancy is caused by an elevation to a position higher in rank.
Pablo John, joined by the lawyers of the other respondents, argued that in the case where death is the cause of the vacancy, what should be applied is the general rule under Section 45(a)(2) of the LGC.
It merely states that the governor shall have the authority to fill up the permanent vacancy in the council of a component city. No other condition is attached to this provision.
Absence plan
Pablo John also questioned Radaza’s personality to file the case because the mayor did not present any proof that the Alayon party had authorized him to initiate the action.
This was among the grounds cited in the motion to dismiss, which Senerpida filed yesterday morning.
But Judge Teves believes that the issuance of a TRO is justified because the act sought to be prevented tends to cause irreparable injury or damage to the petitioner.
He said the petitioner has an existing right that deserves to be protected, considering that Section 45(b) of the code allows the Alayon party to nominate a person to fill in the vacancy caused by Berdin’s death.
Meanwhile, just before the session started yesterday, Patalinjug received written notices from Councilors Eduardo Cuizon, Cecilia Malingin, Cornelio Pajang, Marcial Ycong and Mario Amores, all allied with the mayor, that they will be absent during the session, citing health-related excuses.
Change
“In case the TRO would not be granted, they would be absent from the session so there won’t be a quorum. If there is no quorum, there won’t be any session and so Senerpida could not join the session,” Patalinjug told Sun.Star yesterday.
Patalinjug, as the presiding officer of the council, approved and recognized Senerpida’s appointment as replacement for Berdin at 2:30 p.m. last May 22, or barely two hours before Radaza filed the injunction case.
It turned out that Ycong, Pajang and Amores showed up for the 2 p.m. session.
When Sun.Star asked Amores why he was present when he had earlier sent a notice that he would be absent, Amores said, “I am fine now. This morning, I was not.” (ROV)
For Bisaya stories from Cebu. Click here. (May 25, 2006 issue)
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