ROGER Sinot’s bid to occupy his seat as Indigenous Peoples Mandatory Representative (IPMR) has been barred by the courts.
A 17-day Temporary Restraining Order was issued by Branch 6 Presiding Judge Cecilia Corazon Dulay-Archog to decide on the fate of Sinot in the light of two groups stopping him from taking his place in the August body.
A civil case was filed on the onset by the group of Manuel Cuilan, Paul Pasigon, Joseph Sacley and Gaspar Cayat which expired on January 22 afternoon when Mayor Mauricio Domogan representing the City of Baguio, asked from an extension of the TRO through an interpleader.
Domogan asked the court to likewise block Sinot from taking the IPMR seat “until such time that the issue of propriety of having an IP representative with the city Council of Baguio City has bene determined, and if the answer is in the affirmative, until such time that the controversy has been resolved with finality.”
The City’s case states Sinot, if allowed to take his seat in the council will “cause grave in irreparable damage and injury to the City of Baguio and its people due to its serious jeopardy that it would cause to the administration and to the functioning of the local government. A writ of preliminary injunction is therefore prayed to sustain the TRO to prevent defendant Sinot from prematurely assuming office as IP representative and stop him from just barging into the hall of the August Body.”
Archog in her decision said “taking into consideration the respective arguments of the parties, the court takes the extra mile in determining the propriety of the issuance of the TRO. The court at this point would like to look into the matter in more detail to determine the respective rights of the parties. We have to balance the conflicting interests of the petitioners and the concerned respondent public officials and the person being restrained. This is especially so that no appropriation of public funds was yet to be made for this particular office.”
The Cuilan–Pasigon-Sacley and Cayat case alleges the selection was opposed by the petitioners who alleged that they belong to the Ivadoi, Kankanaey and Kalanguya tribes in Baguio City. Petitioners added they were excluded from the selection process which resulted to the election of Sinot as IPMR of Baguio City. The petitioners also stated that Sinot does not meet the qualifications to be selected as IPMR giving particular emphasis on his conviction in a theft case for which he has already served his sentence. Presently the petitioners have filed a protest before the NCIP national office regarding the selection of Sinot which is pending in the resolution in the office. Admittedly, there is yet no certificate of finality issued by the NCIP on the matter. Both cases seek to essentially restrain Sinot from assuming and discharging his roles and functions as IPMR to the city council.
“In order not to render matters moot and academic, the court deems it best and more prudent to extend the 72-hour TRO granted by the executive judge for an additional period of 17 days from January 22 to enjoin Sinot from assuming or exercising authority as IPMR or a member of the Baguio City council; enjoining the public respondents from appropriating any budget for the salary of Sinot and the IPMR office,” the Archog order further states.
A hearing is set on February 2.
Sinot’s legal team headed by Francis Camtugan has filed on January 26 a motion for reconsideration on the TRO extension from 72 hours to 17 days standing firm on DILG rulings on the IPMR taking their rightful seats in office.