Orleans defends position as Liga prexy
Iloilo City Liga ng mga Barangay federation president and ex-officio City Councilor Marietta Orleans, through his lawyer Atty. Honorato Sayno Jr., asked the Sangguniang Panlungsod to uphold the decision of the Regional Trial Court (RTC) relative to the legitimacy of her position as league president.
In his letter to Vice Mayor Jed Patrick Mabilog, Sayno stressed that Orleans is still the legal Liga president based on the decision rendered by Judge Loida Diestro-Maputol in a petition for quo warranto filed by Barangay Captain Lorenzo Castellano before Branch 28. The letter was dated July 3, 2007.
Judge Maputol dismissed Castellano's petition on May 19, 2006. Portion of the court's decision cited Section 5 of Republic Act 9340 otherwise known as An Act Amending Republic Act 9164, Resetting the Barangay and Sangguniang Kabataan Elections and For Other Purposes.
"The order has long become final and executory as Mr. Castellano has not elevated the same appeal. Consequently, said decision binds Castellano for which reason he should not be permitted to seek political before this body where judicial relief has failed."
Section 5 of Republic Act 9340 states that barangay and all sanggunian kabataan officials who are ex-officio members of the Sangguniang Bayan, Sangguniang Panlungsod or Sangguniang Panlalawigan, as the case maybe, shall continue to serve as such until the next barangay election.
The next barangay election referred to is the synchronized barangay and Sangguniang Kabataan election to be held on the last Monday of October 2007 since no election was scheduled between the years 2002 and 2007.
The same provision of the law gives Orleans, being the incumbent Liga ng mga Barangay president legal ground to continue serving in a hold-over capacity until the next barangay election set on October 2007.
Sayno's request to the city council was in response to the letter sent by Castellano to the new set of Sangguniang Panglungsod. Castellano asked the council to recognize him as the Liga ng Mga Barangay President after he won in last July 11, 2004 elections which their group conducted. He wants the council to resolve the issue on the Liga presidency.
Part of Castellano's letter to the city council also state that he is seeking justice because he is the legal occupant as decided by the Court of Appeals and should have served much earlier.
However, the May 19, 2006 court ruling said that there was no vacancy at the Liga Presidency at the time of the election. Based on the Article XI of the Constitution and By-Laws of the Liga ng mga Barangay sa Pilipinas, the election of the officers and directors of the municipal and city chapters shall be held within 60 days after the general barangay elections.
Sayno added that with the passage of the RA 9340 and the court order has "swept away Castellano's political dream to sit in the Sanggunian and for him to serve much earlier. Castellano's citation of the Court of Appeals decision dated October 5, 2005 is "understandable since he may not have been adequately apprised of the nature and issues in that case as well as the significance of his actions."
Sayno explained that the CA's decision emanated from an order of the Branch 22 in a Civil Case No. 04-28166 filed before the passage of RA 9340. The CA decision was dated October 12, 2005.
The RTC decision granted Orleans's prayer for a writ of preliminary injunction enjoining Castellano and his group from taking over as member of the city council as pretext of an alleged election among the punong barangays of the city.
"Raul Gonzalez, Sr. initiated a petition for certiorari questioning the decision of the local court before the Court of Appeals in Cebu City. The Court of Appeals utilized the Amended-by-Laws and Constitution of the Liga ng mga Barangay in resolving the issue and ordered the dissolution of the writ of Preliminary Injunction," said Sayno.
"My client (Orleans) has questioned the CA resolution before the Supreme Court; the records will show that there is nothing there which indicates that Castellano should sit as member of this body (SP). At the most, all it said was the Writ of Preliminary Injunction be dissolved. The main case, however, still remains pending for trial before the RTC Branch 22," said Sayno.