The Manila-based lawyer of embattled substitute Mountain Province Gov. Kathy Jyll Mayaen Luis sought for the dismissal of the petition for quo warranto filed by Thom Tawagen against his client since he is allegedly not entitled to the writ of preliminary injunction earlier issued by the First Division of the Commission on Elections for not being a party in interest.
In a 13-page motion for reconsideration filed before the Comelec en banc, lawyer George Erwin Garcia asked the First Division of the poll body to transfer the records of the case to the en banc and recall the writ of preliminary injunction and subsequently dismissing the petition for quo warranto for lack of jurisdiction.
Garcia argued that it is settled that a quo warranto proceeding under the Omnibus Election Code deals with the eligibility or qualification of the candidate and is filed after the proclamation of the winning candidate.
He alleged that the First Division should have dismissed Tawagen’s petition outright for lack of jurisdiction and for being devoid of merit and besides, the grant of the injunctive relief prayed for is erroneous, owing to the fact that there is a pending petition for annulment of proceedings and proclamation before the Second Division of the Commission.
According to Garcia, a pre-proclamation controversy being summary in nature, that division is the proper remedy to assail the proceedings of the provincial board of canvassers.
The election lawyer explained that there is no showing, however, as to how Tawagen will suffer irreparable damage once Mayaen assumes public office as the supposed duly elected provincial governor.
He suggested that the Commission must not lose sight on the very purpose of the enactment of the election code that is to protect the integrity of the elections and to suppress all evils that may vitiate its purity and defeat the will of the voters.
Garcia accused the members of the First Division of having erred in granting the writ of preliminary injunction against the respondent preventing her from assuming the position of provincial governor.
