Monday, June 04, 2007 Patalinjug shows proof motion was on time
LAPU-LAPU City Acting Mayor Norma Patalinjug has asked the Commission on Elections (Comelec) to speed up the ruling on her motion to nullify Arturo Radaza’s proclamation as reelected mayor.
Lawyer Romeo Igot told a press conference last week that he secured a Philippine Postal Corp. certification showing that they filed their motion on time.
Around 200 of Patalinjug’s supporters attended the press conference in Patalinjug’s house.
Issued by postmaster Leopoldo Pagaran, the certification stated that he mailed the documents on May 24, 2007 to Comelec Manila, with copies for Radaza’s counsel Richard Sison and Lapu-Lapu City’s Board of Canvassers.
It was meant to counter Election Officer Ann Janette Chua Hu-Lamban’s proclamation of the election winners past 1 a.m. last May 26 that Commissioner Resurreccion Borra ordered.
“The appeal, therefore, was filed very much on time or within the reglamentary period of five days from May 19 or until May 24, 2007,” stated Patalinjug’s motion for reconsideration that Igot prepared.
Mail
The petition also asked for a temporary restraining order and a writ of preliminary injunction.
Although the motion for nullification was not hand-carried to Comelec Manila, sending it through mail is allowed by the courts.
Igot quoted Rule 13 of the Rules of Court, which states that “filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting official copies thereof personally to the clerk of court or by sending them by registered mail.”
In their motion for reconsideration, Igot cited Radaza’s intention to ask the Office of the Ombudsman to lift the six-month preventive suspension imposed on Radaza, over the allegedly overpriced Asean lampposts controversy.
“Respondent Arturo Radaza is doing, threatening to file a motion for the Office of the Ombudsman to lift the latter’s order of suspension; or is attempting to do, or is procuring or suffering to be done, some act or acts of probably in violation of the rights of the petitioner Norma Patalinjug,” read the motion.
Igot said it would be up to Comelec Commissioners Borra and Romeo Brawner whether or not to grant their request.
If denied, Patalinjug will file a petition for certiorari and ask for a restraining order from the Supreme Court, he added. (OCP)
