Court denies TRO vs. Comelec's payment of VIS printing
The Regional Trial Court (RTC) has denied the temporary restraining order (TRO) sought by Panay News Inc. against the Commission on Elections (Comelec) relative to the printing of the voters information sheet (VIS).
Panay News Inc. in Civil Case No. 07-29298 for Damages with Injunction asked the court to prevent Comelec Regional Director Renato Magbutay from paying the contract price for the printing of over 3.6 million VIS for Western Visayas.
In an order dated May 22, 2007 RTC Branch 26 Presiding Judge Antonio Natino denied the TRO prayed for in plaintiff's complaint after "finding no cogent legal and factual reasons" for its issuance.
Interviewed by ABS-CBN's TV Patrol Iloilo, Atty. Honorato Sayno, Magbutay's lawyer, said the court simply ruled that Fajardo has no right to stop Comelec from paying the printing job as he is not even a party to the contract.
The case stemmed from the printing of the VIS which was contracted by the Comelec to Mr. Rosendo Mejica of Makinaugalingon Press representing eight other printers in Iloilo City, including Panay News which is owned by Daniel Fajardo.
Each printer was given their share of the job depending on their production capability.
Fajardo questioned the transaction, saying it was illegal since no bidding was conducted. He also questioned the deal with Mejica and the manner by which the printing job was distributed.
Magbutay, however, defended that the transaction was above board. It was made under a negotiated contract as per advise contained in a Comelec en banc resolution since there was limited time left.
The Comelec resolution came out April 24 or barely three weeks before the election day. Based on the agreement the printing of the VIS should be completed May 5 so that there would still be time to have it distributed in the various municipalities and cities.
Magbutay added that there is also no need for the conduct of bidding as the transaction price was pegged by the Comelec at a fixed price of P2.50 per set.
Mejica earlier explained that he acted as lead printer of the said printing job being the president of the Iloilo Printing Industries Association.
He said, the allocation of printing work among the printers have been unanimously agreed upon in their meeting last April 23, 2007.
Present in said meeting were Mejica, Engineer Elsa Seguiban of Seguiban Printers, Dorothy Bornales of Graphic Etc., Elena Malones of Malones Printing Press (Mappress), Ramy Galanto of D'4 Angels Press,Valentin Go of V-Print, Jean Badilles of Panorama Printing and a representative from Panay News. Chito Miclat of Chem Printers, though not present in the meeting, also signified his intention to take part in the printing job.
The allocation as designed by Mr. Galanto was based on the printer's production capability and on their capacity to deliver on the deadline set by Comelec.
Thus, the printing work was divided into four areas of assignment for expediency and easy coordination.
The assignment had Panorama, V-Print and Mappres for printing job needed for Province of Negros Occidental except the towns of Toboso, Valladolid and Victorias City. VIS for the Province of Capiz and Guimaras went to Seguiban Press. Panay News and Chem Printers were given the works for Province of Aklan and Negros Occidental towns not assigned to Panorama, V-Print and Mappres. Makinaugalingon Press, Graphic Etc., and D'4 Angels worked on the printing jobs for the Province of Antique and Province of Iloilo.