Councilman challenges Guadalupe plebiscite

CEBU, Philippines - After the Regional Trial Court denied the Issuance of a Writ of Preliminary Injunction for the complaint filed by a barangay Labangon councilman against the Commission on Election to forego with the plebiscite to create a new barangay out of Guadalupe, the petitioner has decided to pursue his fight through issuing a motion for reconsideration yesterday.

In the submitted motion of the petitioner, Victor Buendia, through his legal counsel, Julius Ceasar Entise, they stated as their prayer for the order dated March 29, 2010 be set aside and that an order be issued granting the application for the writ of preliminary injunction. Initially, the petition for a Temporary Restraining Order was already approved by the court.

But Regional Trial Court Branch 58 Judge Gabriel Ingles denied the application for the write of preliminary injunction recently stating that the petitioner failed to produce enough evidence that his residence, Rosalina Village, is part of Barangay Labangon and not Guadalupe.

In their submitted motion yesterday, Buendia’s party based their motion on the ground that “the court failed to give ample consideration to the considered opinion that the existence of the right of the petitioner does not rest solely on the issue of whether or not Rosalina Village is a part of barangay Labangon or of Barangay Guadalupe.”

According to their argument, the petitioner is asking that the issue on whether or not barangay Labangon or barangay Guadalupe should not be considered “as the sole yardstick for the determination of the existence of the right that the petitioner invoked.”

They stated that while the secretary of the city council presented a map when he was subpoenaed by the court, he said that he was not competent to testify that Rosalina Village is part of Guadalupe and of Labangon.

Also, Buendia’s camp pointed out that while the court said that the Land Management Bureau is the principal government agency tasked to survey of lands and therefore their documents should be given more weight, the said office was not able to present the approved cadastral map.

They argued that the tax map from the city assessor’s office presented by the city council secretary would prevail based on the hierarchy of evidence in resolving boundary disputes.

However, Buendia’s party stated that “this instant issue is not within the jurisdiction of this honorable court to decide as it is the Sangguniang Panglungsod of Cebu City that has original jurisdiction over this matter pursuant to Section 118 of the local government code.”  

Further, the motion was also done with grounds that Buendia sufficiently provided evidence to show that the assailed Comelec Resolution is “patently discriminatory and therefore, violates the equal protection clause of the constitution,” and that “with Section 10, article X of the 1987 constitution created, or granted unto the petitioner the right to participate in the plebiscite.”   (FREEMAN NEWS)