Orleans to appeal before SC
With the recent Court of Appeals decision favoring Barangay Captain Lorenzo “Boy” Castillano, Iloilo City Liga ng mga Barangay president Marietta Orleans is bent on fighting out her position with the Supreme Court (SC).
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| Orleans |
Lawyer Bonifacio Alentajan, Orleans' counsel, said they will immediately file a motion for reconsideration before the Supreme Court.
Orleans earlier expressed that the CA decision was unbelievable. She surmised that her nemesis Justice Secretary Raul Gonzalez, Sr. could have used his power to influence the CA ruling.
Alentajan clarified that the CA decision did not categorically state that Castillano would replace Orleans as the Liga president.
The CA decision rendered by the Special Eighteenth Division composed of Associate Justices Pampio A. Abarintos, Vicente L. Yap and Enrico A. Lanzanas reversed the Order issued by Judge Guilje Delfin-Lim of Regional Trial Court Branch 22 dated July 27, 2004 granting a writ of preliminary injunction in favor of Orleans.
In gist, the CA decision legalizes the election conducted by 138 barangay captains on July 11, 2004 which installed Castillano as the new Liga president.
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| Castillano |
A portion of the CA ruling reads: “In this case, she was elected as Liga president by a collective body, her removal thereof, is likewise subject to the vote of confidence by the said collective body... Subject to the internal rules and guidelines of the Liga insofar as election of officers are concerned, the majority voice of the general membership cannot be curtailed by the courts...”
Alentajan however insists the assumption of Orleans as ex-officio member of the Sangguniang Panglungsod is guided by Section 5 of Republic Act 9164. The same act was later amended with the approval of Republic Act 9340, An Act Amending Republic Act 9164, resetting the barangay and sangguniang kabataan elections and for other purposes.
The said act states that there shall be “synchronized” barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October 2007 and every three years thereafter.
Section 5 of the Act said all incumbent barangay and sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successor shall have been elected and qualified. Provided, however that barangay and all sangguniang kabataan officials who are “ex officio” members of the sangguniang bayan, sangguniang panlungsod or sangguniang panlalawigan as the case may be shall “continue to serve as members of the sangguniang concerned until the next barangay election.”
The same Act said the Liga ng mga Barangay as the municipal, city and provincial level shall within 30 days after the next barangay election, conduct elections for ex officio positions in the sanggunian under the supervision of the Department of Interior and Local Government.
Alentajan further noted that the court has yet to resolve the quo warranto and mandamus cases filed by Castillano before Branch 28 of the Iloilo Regional Trial Court.
To recall, Castillano asked the court to compel the city council to recognize him as ex-officio member and eventually unseat Orleans. City Treasurer Katherine Tingson was also included in the case to oblige her to strip Orleans of her salaries.