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The plebiscite that would decide whether to split barangay Guadalupe in Cebu City will not push through this Saturday.
The Regional Trial Court (RTC) yesterday granted a 20-day temporary restraining order (TRO) that barred the Commission on Elections (Comelec) from conducting the exercise.
The plebiscite would have determined the possible creation of barangay Banawa-Englis from barangay Guadalupe, the city's biggest barangay.
Judge Gabriel Ingles of RTC Branch 58 set the hearing on the merits of the case on March 16, 19, 23, and 26.
He acted on the request for a TRO filed by barangay Labangon councilor Victor Minoza Buendia who complained that he would stand to lose his post if his place of residence becomes part of the new barangay Banawa-Englis.
The judge said Buendia had established that he would suffer ?irreparable injury? if the plebiscite pushes through on March 13.
The TRO was issued about an hour after the judge heard both sides in a court hearing yesterday.
The postponement saddened supporters of both ?yes? and ?no? groups.
Guadalupe barangay captain Eugenio Faelnar, who is campaigning against the split, said he wanted the plebiscite to push through to put to rest the question on whether Guadalupe residents favor a split.
?The court has decided. We will respect it. We'll see if there is something that can be done,? Faelnar said.
Officials of the United Banawa Englis Association Inc. (UBEAI) were likewise disappointed.
?We could not do anything. It (the TRO) was released two days before the day of the plebiscite. We just have to show the court proof that Rosalina Village is indeed part of barangay Guadalupe,? said UBEAI vice president Jeffrey Cartilla.
He said they had a map that showed Rosalina Village and 10 other sitios claimed by barangay Labangon as part of Guadalupe.
Buendia, a resident of Rosalina Village, has filed a petition for prohibition to stop the Comelec from implementing Comelec Resolution No. 8774 which set forth the rules for the plebsicite.
Named as respondent in the petition is the Comelec represented by Edwin Cadungog, Comelec Cebu City south district election officer.
Buendia said that he would stand to be disqualified as barangay councilor of Labangon if the split is approved in the plebiscite.
Judge Ingles granted Buendia's request for a TRO since questions about where barangay Rosalina Village belongs to remain unanswered.
?The Comelec admitted that residents of Rosalina Village had been allowed to register as voters either as of barangay Labangon or barangay Guadalupe, creating the impression that even the Comelec is not certain to which particular barangay Rosalina Village belongs: Labangon or Guadalupe. This matter needs to be resolved with finality in the main case,? the judge said.
He noted Buendia's claim that residents of Rosalina Village are not allowed to participate in the plebiscite.
?Rosalina Village can?t be made part of the new barangay of Banawa-Englis without a prior determination of whether it is part of Labangon or Guadalupe, and also disenfranchising in effect, at least some of the qualified voters therein, including herein petitioner, during the plebiscite,? the judge said.
The Comelec admitted that residents of Rosalina Village are registered voters of barangay Labangon and won?t be allowed to vote in the plebiscite which is limited to Guadalupe?s registered voters.
Under the 1987 Philippine Constitution, ?no province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.?
The judge said Buendia has established that he will suffer an ?irreparable injury? if the plebiscite pushes through on March 13.
In yesterday?s court hearing, among those who attended were Cadungog; Cebu City north Comelec officer Marchel Sarno; Cebu provincial Comelec election supervisor Lionel Castillano and around seven residents of barangay Guadalupe who were wearing white shirts with a statement printed at the back: ?Vote Yes. Barangay Guadalupe-Englis.?
Cadungog, who is a lawyer by profession, acted as counsel for the Comelec.
Buendia was with his lawyer Julius Caesar Entice.
Marlon Baclayon, a resident of sitio Sta. Ana in barangay Labangon, also shares Buendia's sentiments.
He said sitio Sta. Ana could not take part in the plebiscite yet they will be affected should a split take place.
Cadungog told the court that Rosalina Village is part of barangay Labangon.
But Republic Act 9905 or ?The Act Creating a Barangay to be Known as Barangay Banawa-Englis? has included Rosalina Village as among the areas that will be placed under the new barangay Banawa-Englis if the ?yes? votes win in the plebiscite.
The judge said he could not understand why residents of Rosalina Village are not allowed to take part in the plebiscite.
?Rosalina might become part of a new barangay but you (Comelec) don't allow them to participate in the plebiscite. It's not clear to which part Rosalina Village belongs and it can only be determined in the proper case,? Ingles said.
But Cadungog said he was merely following orders from their head office in Manila.
If no plebiscite is held, ?I'm liable for insubordination because the Comelec central office is not included among the respondents,? he added.
Cadungog admitted that there are some provisions of RA 9905 that need to be ironed out.
Judge Ingles suggested that the state be given time to present their side on the issue.
?You (Entice) are asking about the unconstitutionality of the law but why didn't you include the Comelec as among the respondents?,? Ingles said.
Entice said that limiting the plebiscite to residents on barangay Guadalupe is a violation of the law.
Ingles explained that he just wanted to protect the right to suffrage of Rosalina Village residents.
?If we conduct a plebiscite, residents of Rosalina Village cannot vote. It's a violation of the constitution which states that affected parties should be included in the plebiscite.?
The judge set the hearing for the application for a preliminary injunction on March 16, 19, 23, and 26.
Rosalina Village has about 30 households. Most if not all residents are registered voters of barangay Labangon.
Cadungog said he would inform Comelec Manila about the court order and wait for instructions.
Cartilla of UBEAI said they would find a lawyer to represent them as advised by Rep. Antonio Cuenco of Cebu City's south district, who sponsored the law that created the new barangay out of Guadalupe.
Cuenco is expected to arrive from Vietnam on Friday afternoon to participate in the plebiscite.
?Even the congressman was shocked by the development,? Cartilla said.
Last night, UBEAI officials met at their headquarters in Banawa to discuss their next move. They may cancel their motorcade today.
