Court gives Comelec 15 days to comment on Buendia motion

CEBU, Philippines - The court is giving the Commission on Elections 15 days to comment on the Motion for Reconsideration filed by Labangon councilman Victor Buendia on the court’s order that junked the move to stop the plebiscite at Barangay Guadalupe.

Regional Trial Court Judge Gabriel Ingles dismissed the case for Buendia’s failure to appear in two hearings. Last June 26, Buendia filed a motion for reconsideration, saying the court should set its order aside “in the interest of substantial justice.”

Buendia said his non-appearance in court during the hearings was never intended to antagonize the court. In fact, he said, their failure to appear was never intended at all.

Buendia explained he was attending the MCLE seminar at the University of Cebu-Banilad on June 25.

In his petition, Buendia said the plebiscite must not be held until the court rules to which barangay – Guadalupe or Labangon – Rosalina Village really belongs.

Buendia, a resident of Rosalina Village, argued earlier that his right of suffrage would be violated if he cannot participate in the plebiscite and the court would rule later that the village is indeed part of Guadalupe. Buendia earlier presented evidence like his voter’s ID issued by the Comelec, community tax certificate issued by the city treasurer’s office and more papers issued by Labangon. 

The court said earlier, however, that these have little evidentiary value to establish that Rosalina Village is part of barangay Labangon since they are not determinations by the Cebu City Council. — THE FREEMAN