THE Regional Trial Court in Bacolod City has lifted the 72-hour temporary restraining order (TRO) it had issued against the Central Negros Electric Cooperative (Ceneco) and Primelectric Holdings Inc. joint venture agreement (JVA).
The order was signed by Judge Maria Lina Gonzaga of Regional Trial Court Branch 42, Bacolod City, on Friday afternoon, June 30.
On June 29, Gonzaga issued the TRO following a motion for reconsideration filed by complainants Pepito Pico, Rommel Pido, and Aaron Sorbito of Negros Consumers Watch and the Anti-Ceneco JVA coalition and suspended its July 1 plebiscite.
The order stated that Ceneco should submit the necessary evidence on the massive information and education campaign (IEC), which activities should have been done prior to the signing of the JVA.
On its June 30 order, Gonzaga said that Ceneco filed through counsel Eduardo Padios a motion for reconsideration on the Court’s June 29 Order with compliance on June 30 at 3:21 p.m.
The court notes from the submitted documents that discussions on the JVA were done over various radio stations in Bacolod City from March 2023 up to the present.
Several newspapers likewise certified that the proposed JVA was published and discussed in various editions of news articles of the publications from March 2023 up to the present, the order further stated.
The next hearing will be on July 3 at 2 p.m.
However, Lawyer Arnel Lapore, acting general manager of Ceneco, said Friday that they had already announced the postponement of the scheduled plebiscite on July 1 and 2.
He said the plebiscite will continue on July 8 and 9.
“We respect the TRO issued by the court, which is good for 72 hours and started on June 29 afternoon, so we decided to postpone the scheduled plebiscite,” he added.
Lapore stressed that Ceneco conducted its massive IEC in various barangays before the signing of the JVA, adding that before the unsolicited proposal, the proposed JVA was already discussed with the public through radio, social media, meetings, and various sectors.
Lapore noted that they will leave it to the member-consumers to request an extension of the plebiscite since the scheduled July 1 and 2 were postponed, and their request should be submitted to the National Electrification Administration (NEA).
Lapore said that in the two-day plebiscite on June 24 and 25, almost 28,000 member-consumers cast their votes in various polling precincts in Bacolod, Silay, Talisay, and Bago cities, as well as Salvador Benedicto and Murcia towns in Negros Occidental or an equivalent of 16 percent voted “yes” for the JVA.
He said they need to reach at least 100,000 member-consumers to join the plebiscite.
Of the total number of Ceneco consumer-members which is 214,000, he added that one-half of it plus one vote constitutes the majority to win the plebiscite.
Lapore noted that through the support of the member-consumers, they expect that they can reach at least 100,000 member-consumers who will go out and vote for the JVA.
“Please don’t get confused; the plebiscite was only postponed Saturday until July 2, but we will continue the activity on July 8 and 9,” Lapore said.
Moreover, for his part, Wennie Sancho, secretary-general of Power Watch Negros Advocates (PWNA), said that they will continue their campaign for the ratification of the JVA.
He said the plebiscite is guaranteed by the constitution, which gives substance to the principle that sovereignty resides in the people and all government authority emanates from them.
“On that principle alone, we as consumers have the right to assert, and we will continue our campaign,” he added.*