Thursday, October 19, 2006 Provincial exec: Game not yet over
ILOILO Provincial Administrator Manuel “Boy” Mejorada is still, in his own words, “very much in the game” for a possible political showdown with Tesda Director General Augusto Boboy Syjuco in the May 14, 2007 elections.
This developed Wednesday as the Election Registration Board (ERB) of Pavia, Iloilo manifested before the 13th Municipal Circuit Trial Court of Pavia-Sta. Barbara that it could not “cancel” the name of Mejorada from its list of voters, saying this is not in accordance with the law.
In a two-page “Motion for Clarification,” the ERB composed of Evelina J. Masiado as chairman and Loreto C. Lagunday and Vilma J. Vila as members told the court that its order dated Sept. 26, 2006 had to be deferred until the term used is clarified.
“The reason for the deferment is that under R.A. 8189, particularly Section 29 thereof provides that only those who have died shall be subject to cancellation of his/her registration record,” the ERB said.
Mejorada rejoiced over this turn of events even as he continues to await the action of the Court of Appeals 20th Division in Cebu City on his petition for certiorari with prayer for a temporary restraining order and/or preliminary injunction.
“The game is definitely far from over,” Mejorada said. “I am still very much in the game despite efforts of Syjuco to obliterate my name from the list of voters.”
Mejorada filed the petition along with his lawyer, Ryan Castro, last Friday.
In its motion, the ERB pointed out that the word “cancellation” cannot be used to mean “exclusion” in light of specific provisions in R.A. 8189 on the use of terms and the action deemed proper under the circumstances.
Judge Victorino Maniba Jr., in his Order dated Sept. 26, 2006, had order the ERB “to cause the cancellation of the name of private respondent from the permanent lists of registered voters of Precinct No. 0036A of Barangay Amparo, Pavia, Iloilo.”
The ERB convened for its regular quarterly meeting at the Pavia Farmer’s Center on Monday, Oct. 16, and deliberated upon the order issued by Maniba.
The members of the ERB were unanimous in saying that “the term cancellation is not in conformity with the provisions of R.A. 8189 as it is not the proper action under the circumstances.”
This is the second time Maniba finds his controversial order thrown back into his courtroom.
On Sept. 11, 2006, lawyer Cornelio Panes, counsel for Syjuco, also filed a motion for execution with a prayer for modification of the dispositive portion of his original order dated August 7, 2006 and change the words “Board of Election Inspector” with “Election Registration Board”.
Despite objections from Mejorada on the ground that an order deemed final and executory could no longer be amended or modified, Maniba went ahead to make the correction requested by Syjuco’s lawyer.
Thus, Maniba issued a clarificatory order dated Sept. 26, 2006 directing the ERB to cancel Mejorada’s name.
Mejorada quickly fired off a letter on Oct. 11 to the ERB saying the order was unenforceable because of the word “cancellation” used in getting his name stricken from the list of voters.
For his part, Panes also wrote a letter to the ERB threatening to file a case for contempt against its members if the Sept. 26 order is not carried out.
Caught in the crossfire, the ERB felt compelled to file a motion for clarification with Judge Maniba asking the court to clarify its use of the word “cancel” in place of “exclude” against Mejorada.
Mejorada said his lawyer will remind Judge Maniba that the issue is now pending before the Court of Appeals, and prudence would dictate the controversy should be left to the discretion of the higher court.
“How many times can Judge Maniba correct or clarify his decision?” he asked.
Mejorada said Syjuco had celebrated prematurely over the latter’s so-called “victory” in an intense build-up for the May 14, 2007 elections in the 2nd congressional district.
“I feel sorry that his (Syjuco’s) wish to get my name obliterated cannot be done just like that,” he said.
“Truth and the law are on my side,” he said. (Press release)
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