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Friday, March 29, 2024

Bulacan poll recall halted

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MALOLOS CITY –  A regional trial court judge of Bulacan has stopped the  validation of signatures and thumb marks in connection with the recall elections initiated against incumbent Bulacan Gov. Wilhelmino Sy-Alvarado.

Gov. Wilhelmino Sy-Alvarado

RTC-Branch 83 Judge Guillermo Agloro issued a temporary restraining order enjoining OIC-Provincial Election Supervisor  Jerbee Anthony Cortez from conducting the verification of signatures scheduled on Monday, March 9.  A total of 319,707 voters out of the 1,534,058  voters in the  May, 2013 elections signed the recall petition.

Alvarado  filed on Wednesday his urgent petition that was assigned to the sala of Judge Agloro through a special raffle held on the same day by RTC Executive Judge Theresa M. Arcega.

“Parang pinalutong pansit,” was how former provincial administrator Perlita Mendoza, principal petitioner in the recall elections, described the speedy issuance of TRO. “Grabe naman, less than 48 hours lang after receipt of the ‘Petition’ may TRO na agad,” she said.

 Under the law, the TRO is effective for twenty (20) days unless otherwise lifted or superseded by an order from the Court of Appeals or Supreme Court.

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In a press briefing at the provincial Capitol last Friday hours after the issuance of the TRO, Alvarado exuded confidence and expressed hopes that the recall initiatives  would fizzle out.

He reiterated that he was deprived of his right to due process by the acts of Mendoza and Cortez in undermining the recall procedures, particularly Sec. 16 of Comelec Resolution 7505, regarding the posting and publication of the ‘Recall Petition’.

Alvarado said that instead of the PES who should cause the publication of the ‘Recall Petition’ in a daily and weekly newspapers of general circulation once a week for three (3) consecutive issues, it was petitioner-Mendoza who caused the publication of the petition in the newspapers Tribune and Rekta.

 Alvarado exhibited a certification from RTC-Clerk of Court Emmanuel Ortega that Rekta  is not an accredited newspaper of general circulation in the province which became the basis for the issuance of the TRO.

At Friday’s hearing, Mendoza’s counsel   Bernadette Serdillo, who showed up in court although not served with any notice, entered his appearance as intervenor and argued that her client should have been made a party-in-interest in the case.

Judge Agloro however did not allow Serdillo to make any manifestation and instead required her to file first a ‘Motion for Intervention’ within five (5) days so the Court can recognize her appearance. Serdillo sought a verbal reconsideration of Agloro’s ruling but was denied.

Thereafter, Serdillo manifested that the Court take judicial notice of a May 5, 2013 decision of Bulacan RTC-Branch 22 Judge Grace Victoria Ruiz involving the same petition for a TRO and the same parties which unequivocally ruled that the Regional Trial Court has no jurisdiction over Comelec which is a constitutional commission.

But Judge Agloro retorted: “You have no personality here. And this court does not take judicial notice of anything you said. Strike that out from the records of this proceedings.”

Joe Villanueva, convenor of the Philippine Crusader for Justice which is monitoring the progress of the recall initiative said the issuance of the TRO was railroaded and defied the Supreme Court which has already spoken in its February 16, 2015 decision.  The SC denied Alvarado’s prayer for TRO filed before the high tribunal giving the Comelec the green light to proceed with the validation of the signatures of the recall petitioners.

Villanueva urged  Alvarado to be man enough to face the verdict of thousands of Bulakenyos who have expressed loss of confidence in his leadership due to irregularities and corruption charges at the Capitol.

Earlier, Bulacan Board Member Michael Fermin   said Alvarado should not resort to squid tactics and interfere with the independent processes of the Comelec which is an independent Constitutional Commission.

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