Tuesday, June 17, 2008 Restraining order withheld by Comelec: lawyer
THE Commission on Elections (Comelec) still has to release the temporary restraining order (TRO) retaining Adelaida Restauro in her seat as barangay captain of San Isidro, Talisay City, a lawyer said yesterday.
Lawyer Delon Richel Ramon B. Urot said Comelec withheld the release of the TRO last June 12, the day his client Marietta Bucao took over Restauro’s post.
Penned by presiding Comelec Commissioner Rene Sarmiento, the order directed Restauro to continue acting as barangay captain “until further orders from this commission.”
“I dare them to serve it (TRO) to my client,” Urot told dyRF Radio Fuerza in an interview.
He complained that photocopies of the TRO were distributed instead to Restauro’s loyal supporters.
Until the TRO is released, Urot insisted that Bucao remains the legitimate village chief of San Isidro, one of Talisay City’s vote-rich barangays.
Department of Interior and Local Government Officer Bertilio Pasilang installed Bucao as the new barangay chief based on the writ of execution issued by Municipal Trial Court in Cities (MTCC) Judge Mario Manayon.
In last May’s promulgation, Manayon declared Bucao, who protested the Oct. 29 election results, as the poll winner with 68 votes over Restauro.
However, Restauro refused to step down, saying she would only abide by the order of the Comelec en banc.
The writ was issued after Restauro’s camp reportedly failed to secure a TRO from the Comelec within the prescribed 20-day period.
But Restauro, in a separate interview, insisted that the TRO remains legal because the Comelec did not issue an order or a follow up letter withholding its release.
“Had it been withdrawn, we would have received by now an official order from the Comelec,” she said.
Restauro also took exception to Urot’s dare to serve the TRO to his client, saying only a Comelec representative has the authority to do it.
She said Enrique de Jesus of Comelec Manila was already scheduled to fly to Cebu last Friday morning to serve the TRO to Bucao’s camp and Manayon.
De Jesus, however, failed to take his scheduled flight because he was called by lawyer Betty Prizaña, a ranking Comelec official, she said.
Restauro said it could not be avoided that barangay kagawads, health workers and her loyal supporters would ask for a copy of the TRO.
Sun.Star Cebu learned that both Restauro and Bucao separately held office at the barangay hall yesterday morning.
Backed by her supporters, Bucao reportedly stayed in the barangay captain’s office while Restauro settled herself at the session hall with kagawads and health workers.
Last Sunday, members of the barangay council failed to hold the regular session because they were confused as to who is their legitimate village chief.
Releases of bara-ngay clearance and good moral certificate have been disrupted because of the unresolved issue. (GC)
