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ONLY a court order or the Commission on Elections can stop the scheduled March 13 plebiscite on the proposed separation of barangay Guadalupe into two barangays.
South District Election Officer Edwin Cadungog said they have not received a court order as of yesterday.
Unless there is a court order or a communication from Comelec- Manila to stop the plebiscite, the scheduled plebiscite will push through on Saturday, he said.
The P1.458 million budget for the plebiscite has not arrived yet. But Cadungog said they were expecting the money to arrive either on Thursday or Friday this week.
He said Comelec Manila yesterday informed him that the budget and equipment needed for the plebiscite would be available two days before the scheduled plebiscite.
The Comelec has already issued a resolution setting the general guidelines for the conduct of the March 13 plebiscite.
But barangay Labangon councilor Vic Buendia has filed a petition in court seeking to stop the plebiscite. Labangon is an adjoining barangay of Guadalupe.
Buendia stands to loss his residency at the Rosalina Village in Labangon, Cebu City and consequently faces disqualification as a barangay kagawad of Labangon, his petition states.
Section one, paragraph a of Republic Act 9905 has included Rosalina Village in the proposed new barangay Banawa-Englis should the plebiscite rules in favor of a split.
The court will determine today whether or not to allow the Comelec from conducting the plebiscite.
Regional Trial Court Judge Gabriel Ingles of Branch 58 will hear at 2 p.m. today the petition for the issuance of a temporary restraining order (TRO) filed by Buendia.
Buendia wants the court to stop the Comelec from implementing Resolution No. 8774 which set forth the rules and regulations to govern the conduct of the plebiscite.
But barangay officials want the plebiscite to push through.
?The question on whether the people of barangay Guadalupe is in favor of the split has to be answered therefore the need to push for a votation is immediate, ? Guadalupe barangay captain Eugenio Faelnar said.
Although there is a question as to where 12 sitios of barangay Labangon will later belong to, Faelnar said it was not right to prolong the agony of the people of Guadalupe.
?I already told Buendia that win or lose, whether (the votes will favor) Yes or No these sitios will belong to barangay Guadalupe. If this will be prolonged there will be a lot of talks that will come out,? Faelnar said.
South District Rep. Antonio Cuenco worked for the passage of RA 9905 which creates a new barangay Banawa-Englis out of Guadalupe. The boundaries are stipulated therein.
Republic Act 9905, known as ?The Act Creating a Barangay to be Known as Barangay Banawa - Englis in the City of Cebu? covers 57 sitios.
Faelnar has been vocal in his objection to the creation of the new barangay.
He cited the absence of enough government facilities in Banawa nor in Englis to set up a new barangay hall, health center, day care center, and other multi-purpose facility. With reports from Fem Marie D. Dumaboc
