Sunday, June 15, 2008 Bucao told to vacate post, wait for orders
THE assumption of Marietta Bucao as the new barangay captain of San Isidro, Talisay City may not be absolute yet.
The Commission on Elections (Comelec) First Division issued a temporary restraining order (TRO) directing Ma. Adelaida Restauro to continue to discharge her function as barangay captain “until further orders from this commission.”
The TRO penned by Presiding Commissioner Rene Sarmiento was dated June 12, the same day Bucao was installed by a local government officer as San Isidro’s new barangay captain.
The two-page order, faxed to Sun.Star Cebu yesterday afternoon from Restauro’s office, even directed Bucao to vacate the post in favor of petitioner Restauro.
“In the event that Marietta R. Bucao had already assumed office as punong barangay... and commenced to perform her functions pursuant to the assailed order, a status quo order is hereby instead ordered,” it said.
The Comelec’s latest order stemmed from the filed petition of Restauro for certiorari with prayer for TRO, preliminary injunction and status quo ante order last May 27.
This, after Municipal Trial Court in Cities Judge Mario Manayon declared Bucao, in last month’s promulgation, as the duly elected barangay captain.
The recount reportedly showed that Bucao got 1,432 votes over Restauro’s 1,364.
Bucao filed an electoral protest after Restauro was proclaimed winner in the Oct. 29 barangay polls with a lead of 14 votes.
She cited poll irregularities and misreading of votes in Restauro’s favor in some poll precincts.
20 working days
Manayon then ordered Restauro to obtain a TRO either from the Supreme Court or the Comelec within 20 working days.
Restauro’s camp, however, reportedly failed to secure one until the grace period expired last Wednesday, prompting Manayon to issue a writ of execution that led to Bucao’s installation the next day.
But the Comelec called on the parties to observe a status quo prior to Manayon’s May 9 verdict.
With the poll body’s recent order, Restauro believed that her opponent could not just take over her place in the absence of Comelec’s final verdict.
Although they received the TRO Friday night her daughter Gail secured it on June 12, she said.
Meanwhile, Sarmiento’s order set a 10 a.m. hearing of Restauro’s petition on July 14 at the Comelec Session Hall in Manila.
Desist
As this developed, lawyer Delon Richel Ramon B. Urot, Bucao’s counsel, formally cautioned the barangay treasurer, secretary and three others to desist from performing their functions at the Barangay Hall.
“Failure on your part to do so will constrain us...to initiate the appropriate legal actions, criminal administrative, or civil, against you in court to protect the interest of our client,” Urot’s warning read.
Urot named them as Gina Bacalla, Amelia Tabuco, Josephine Leara, Hermenihildo Raga and Carmen Labajo, whom he accused of illegally conspiring with Restauro
They reportedly allowed Restauro to continue acting as barangay captain and allowed her to sign documents and papers despite the installation of Bucao, he said. (GC)
