Friday, February 22, 2008 PB member defends move to disqualify Tam By Edmund B. Sestoso
A NEGROS Oriental Provincial Board (PB) member took the cudgels for beleaguered officials of the Negros Oriental 2 Electric Cooperative (Noreco 2) who declared Henry Tam as disqualified to run as a director for District 1 in the elections scheduled on February 23, 2008.
PB Member Saleto Erames appeared Wednesday as witness for the cooperative at a Regional Trial Court (RTC) hearing on Tam's petition for mandatory and prohibitory injunction, with prayer for a temporary restraining order (TRO).
The hearing on the merits of the petition was on Wednesday afternoon before the sala of Presiding Judge Winston Villegas of Branch 43 of the Negros Oriental RTC based in Dumaguete City.
Leovigildo Elmaco is chair of the screening committee that disqualified Tam because he failed "to meet the requirements" to become a Noreco 2 member and ran as candidate for the post of director.
This Saturday, Noreco 2 electric consumers from the towns of Amlan, Pamplona, and the city of Tanjay will vote for their choice of director from two candidates.
Elmaco said in his testimony during the court hearing that there are only two official candidates for this Saturday's election.
These are Engineer Jordan Salma and Franco Real.
Salma is the incumbent director of the cooperative's District 1 who is also seeking reelection.
PB Member Erames said aside from Tam not meeting the requirements, he also allegedly falsified official documents "to appear that he is very much qualified."
Erames told the court that in Tam's January 31 Certificate of Candidacy, he falsely and maliciously stated that he had subscribed to 50 shares of stocks at least 90 days before the date of the election.
But, he added, it turned out that his shares of stocks, based on the evaluation conducted by the screening committee, were only 36 days old.
The PB member also said that Tam has not exhausted administrative remedies as provided in the election guidelines.
Noreco 2's election guidelines stipulate that protest arising from a disqualification shall be filed with the screening committee not less than seven days before the election.
The screening committee then decides the protest within 48 hours from the time it receives the petition.
"Failure of the applicant to file his/her protest within the period shall be deemed a waiver of his/her right to protest," Erames emphasized in the same court hearing.
The PB member urged the court to dismiss the petition of Tam since there was no basis for it and because he falsified his official documents.
Erames told the court that a postponement of the scheduled February 23 election in District 1 would disrupt the smooth operations of the cooperative.
