Guadalupe-Banawa split: Comelec given 10 days to file answer to petition vs plebiscite

CEBU, Philippines – The lawyer of a Labangon councilor who filed a petition against the immediate holding of plebiscite on separating Banawa from Barangay Guadalupe was authorized to file pleadings, after all.

Regional Trial Court Judge Gabriel T. Ingles, who had dismissed the case filed by Labangaon Councilor Victor Buendia after he failed to attend the pre-trial hearing, said in a recent order that lawyer Julius Caesar Entice, counsel of Buendia, was able to prove that he has complied with the Mandatory Continuing Legal Education (MCLE).

In an earlier order, Ingles asked Buendia to explain his MCLE status because a lawyer has no right to affix his signature in pleadings if he fails to finish the MCLE, a requirement for filing petitions.

However, in an order of Ingles dated September 29, 2010, it was stated that Entice has shown that he has complied with the MCLE requirement.

"This resolves the amended motion for reconsideration filed by the petitioner of the order of this court dismissing the petition for failure to appear during the pre-trial hearing," the order reads.

"Considering that this is an action for prohibition under Rule 65 and finding the petition to be sufficient in form and substance, respondent Comelec is given ten days from receipt," Ingles stated.

After the Commission on Elections (Comelec) gives its comment, the judge will give both parties 15 days to submit their respective memoranda or written argument.

Buendia filed a petition to stop the Comelec from holding a plebiscite until the court rules to which barangay Rosalina Village really belongs.

Buendia is a resident of Rosalina Village and he argued that his right of suffrage would be violated if, as Labangon resident, he cannot participate in the plebiscite and the court would later rule later that his village is indeed part of Guadalupe.

Republic Act 9905 separates Sitios Banawa and Englis from Barangay Guadalupe to become a separate barangay to be known as Banawa-Englis. Filed by former Cebu City South District congressman Antonio Cuenco, the bill was approved by President Arroyo last January. (FREEMAN)