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Wednesday, April 26, 2006
Court junks plea to stop signature verification
By Jay Dooma Balnig
A LOCAL court denied the petition of a group of taxpayers to stop the poll body from verifying and certifying confirmed signatures that pushes for Charter amendments.
Regional Trial Court Judge Yolanda Panaguiton-Gaviño said the petition for prohibition with prayer for preliminary injunction and issuance of temporary restraining order against the Commission on Elections and Mayor Jerry Treñas is technically foul as the petitioners failed to exhaust administrative remedy before bringing it to court.
The court ruled that that Commission on Elections En banc has the power and authority to review the acts of poll officials.
"The Comelec En banc should be given an opportunity to review the actions of its regional officers. The issue on the competence of the regional office to conduct verification of signatures relative to people's initiative to amend the Constitution ought to be addressed and should be decided in the first instance by the Comelec En banc, " the court said.
The petitioners, lawyers Daniel Cartagena, Romeo Gerochi, Joshua Alim were members of the I-March or Ilonggos Movement Against Arroyo's Chacha.
The respondents are Regional Election Officer Dennis L. Ausan, Iloilo Comelec City and Provincial Officer Elizabeth Doronila and Mayor Jerry P. Trenas
Treñas earlier admitted that his group is supporting the signature drive to amend the Constitution.
On respondent Treñas, the court ruled that, "the respondent mayor could no longer be enjoined from collecting signatures and submitting the same to the regional office of the Comelec for the purposes of verification because the said acts are already fait accompli (an accomplished fact).
"The function of the writ of prohibition is to prevent the doing of some act which is about to be done. Hence, it is not intended to provide a remedy nor may it issue for acts already accomplished," the court said.
The petitioners vowed to make alternative legal move to counter the said ruling of court.
Alim of I-March asserted that the said case was dismissed not based on the merit but of technicalities on forum.
Alim said the legal battle is not yet over, as they will make a move in raising the same petition to the higher court.(With reports from LABB)
(April 26, 2006 issue)
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