Court to hear injunction filed by former Ceneco prexy
BACOLOD CITY -- Regional Trial Court (RTC) Branch 48 Judge Gorgonio Ybañez has summoned the Central Negros Electric Cooperative (Ceneco) District Election Committee and Atty. Vicente Sabornay, Ceneco Board of Director President, to appear today at around 8:30 a.m for the hearing of the petition filed by former Ceneco President Eddie Guillem.
The petition covers the prayer for the issuance of temporary restraining order, for the respondents Ceneco to cease and desist from holding the election for the position of Director of District III on March 14, 2009, and after due notice and trial judgment be rendered declaring the acts sought to be restrained permanent.
Atty. Sabornay said they will attend the hearing to present their sides also on the said petition.
Guillem on his justifications for the issuance of the writ of preliminary injunction and temporary restraining order said if warranted it will obviate the uncalled occurrence of an uncompromising situation where he will be unjustly deprived of his fundamental right as member-consumer of Ceneco, from running as Board of Director.
“He and the voting members-consumers may unduly sustain irreparable damage due to short time notice, lack of preparation to conduct such political exercise which may even result to massive fraud, irregularities and disenfranchisement of the qualified voters”, the petition stated.
With the issuance of TRO, enough time be afforded to the respondents to cure the limitations and avoid irreparable damage, at the same time the petitioner's right as consumer-member which in a most likely event the Court of Appeals in its anticipated resolution of the aforementioned pending case, may restore and uphold, will qualify the petitioner to be able to actively involve and be voted for the position of Director in the District of Ceneco.
Guillem was elected as director of Ceneco District III and later elected as President of the Ceneco Board but in 2007 due to the alleged baseless audit findings, the National Electrification Administration (NEA), instituted an administrative case which resulted to his ouster.
With that he challenged the legality and propriety of the dismissal by filing a petition for review, and the case is now pending before the Court of Appeals.
He cited that he wanted to participate directly as candidate for the position of director during the election however with the impending expected outcome of the CA case, at this point of time he may not be qualified due to the alleged disqualification meted by NEA.
Three already filed their candidacy for District III-Bacolod Central and they were former barangay captains Rodolfo Salga of Brgy. 29 and Ellery Cadeliña of Brgy. 40 and Zenaida Lacson, barangay captain of Brgy. 32.
Cadeliña and Salga also ran for the same post in 2003 and 2006, respectively, but both lost to Eddie Guillem in two consecutive elections.
In District II-Bacolod South, former Alijis Brgy. Capt. and past Liga ng mga Barangay president Pepito Malapitan, is seeking the post against engineer Johram Alama.
Director Julius Tamayo decided not to seek reelection after some confidential problems occurred prior to his decision.
Meanwhile in District VII-Murcia/Don Salvador area, incumbent director Roberto Montelibano, a former CENECO president, is seeking reelection against former Murcia Councilor Jonel Bonifacio.
Montelibano was replaced by District V director Vicente Sabornay as board president last November in an ouster move that also terminated former general manager Sulpicio Lagarde Jr., whose appointment was endorsed by Montelibano in May last year.
The candidacy of Montelibano is also in question after Bonifacio filed a petition for disqualification before the Election Committee which subject for resolution.
Ceneco Public Relations Officer Roel Venus said all systems go for the scheduled elections on March 14 as the team met last Saturday to discuss matters involving the preparations.
As per record District II-Bacolod South has 27,000 member-voters; District III-Bacolod Central, 6,000; and District VII-Murcia and Don Salvador Benedicto, 7,000 but it only reached from 15 to 20% of members-consumers went out and exercise their right to vote for directorship.