MALOLOS City—Petitioners on Thursday questioned the jurisdiction of the Regional Trial Court of Bulacan, as their lawyers raised the issue of ‘forum-shopping’ against Gov. Wilhelmino Sy-Alvarado at the resumption of the hearing on the recall election proceedings here.
Branch 83-RTC Judge Guillermo Agloro, who issued the temporary restraining order last Friday that stopped the scheduled validation of petitioners signatures and thumb marks set last March 9 to 23 in connection with the recall proceedings, gave the petitioners until today (Friday, March 13) to answer why recall-petitioner Perlita Mendoza should not be allowed to participate in the hearing as an intervenor.
Atty. Bernadette Sardillo, Mendoza’s counsel, filed a ‘motion to intervene’ and ‘motion to dismiss’ last March 10 before Agloro’s sala arguing that the petition for the issuance of a TRO and injunction against the recall proceedings violates the rule on ‘forum-shopping’.
Sardillo also questioned the RTC’s jurisdiction over the Comelec citing the resolution of the Supreme Court issued last Feb. 16 dismissing Alvarado’s petition for the issuance of a TRO which in turn gave the green light for the Comelec en banc to order the immediate holding of the recall elections before May 9 this year.
However, Alvarado’s lawyer were able to secure the TRO last March 6 citing the non-compliance of Mendoza with the procedural guidelines on the posting and publication of the “Petition for Recall”. Alvarado accused Mendoza or railroading the procedures when she herself caused the publication of the ‘petition’ instead of the Comelec Provincial Election Supervisor who should have performed such official acts.
Alvarado also raised the issue of non-compliance with the jurisdictional requirement of Sec.16 of Comelec Resolution 7505 when Mendoza published the ‘petition’ in the tabloid Rekta, a fly-by-night weekly newspaper which is not accredited as a newspaper of general circulation in the province as certified by the RTC-Office of the Clerk of Court.
Alvarado’s lawyer also filed this week an amended-petition praying that the Court include all the 24 Election Officers (EO) in the 21 municipalities and three (3) component cities of Bulacan, namely Malolos, Meycauayan and San Jose Del Monte, as defendant-respondent in the TRO issued by the court.
Bulacan PES Atty. Jerbee Anthony Cortez, the main respondent-defendant in the case elicited laughter at the courtroom when he replied “no comment,” when asked to comment on the manifestations of the opposing parties.
Judge Agloro, however, said he will issue on Monday, March16 a ruling on all the pending motions before the Court.
Meanwhile, a huge-crowd of some 10,000 showed their support for Gov. Alvarado leadership during a ‘Day of Prayer for Unity’ at the Provincial Capitol compound last Wednesday afternoon.
Attendees include local executives, religious groups and barangay organizations who flocked to the mini-forest park at the Capitol for a concelebrated mass. Inter-faith leaders also took turns to “pray over” the governor and other local officials present The Bulacan Muslim Affairs Consultative Council headed by G. Hadji Yahiya A. Gamor and Aliphame C. Amerol and representatives from the Iglesia Filipina church also joined the annual day of prayer for unity and peace.