Vol. XX No. 40

December 6, 2000

Virac, Catanduanes


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In Cabrera case

CA junks Vice Gov. Aquino's petition

The Court of Appeals has dismissed a petition filed by Vice Governor Alfred M. Aquino and his colleagues to overturn the Oct. 16, 2000 decision of the Regional Trial Court junking their Motion to Dismiss in the case filed by SKPF president Remelito Cabrera to finally gain a foothold at the Sangguniang Panlalawigan. 

In its resolution dated Nov. 21, 2000, the CA's Third Division resolved to "outrightly dismiss" the petition for certiorari and prohibition with prayer for issuance of a writ of preliminary injunction and/or temporary restraining order against RTC Branch 42 Judge Nilo B. Barsaga. 

According to the resolution penned by Associate Justice Salvador J. Valdez, Jr., the outright dismissal of Aquino's appeal was decided by the Division after it found material deficiencies in the petition. 

It noted that "copies of the assailed Orders dated August 7, 2000 (Annex A) and October 16, 2000 (Annex B) are mere photocopies, in violation of the requirement under Supreme Court Circular No. 3-96 which directs that, `The certified true copy must x x x comply with all the regulations therefor of the issuing entity and it is authenticated original of such certified true copy, and not a mere xerox copy thereof, which shall be utilized as an annex to the petition or other initiatory pleading.'" 

The Court of Appeals added that "the petition is not accompanied by a copy of the petition for mandamus, prohibition and damages with preliminary injunction and temporary restraining order from which the impugned Orders emanated, in violation of Section 3, Rule 46 of the 1997 Rules of Civil Procedure."   



According to a police report, the daily bets for the “first-two” illegal numbers game in Virac are being remitted to this hardware store in front of the public market. The police has not raided the store, owned by alleged financier Natalio Popa Jr., as of presstime last week.





 NTC Commissioner Joseph A. Santiago gives his views on current national issues as well as his plan to run for Congress next year during his recent visit to Catanduanes.






Individual winner Marichelle S.J. Carilimdiliman (2nd from left) poses with fellow champ team members Sarah Jean Zafe and Ian San Gaspar during the awarding rites of the regional finals of the 15th Young Scientists Quiz in Laguna. Flanking them are coaches Mrs. Nora T. Sales, Romeo Zafe and Sylvia Echaluce.



The resolution by the Court on Appeals on CA-G.R. SP No. 61617 filed by Aquino and his group against Judge Barsaga and PBM Cabrera was concurred by Associate Justice Remedios A. Salazar-Fernando and CA Third Division chairman Associate Justice Quirino D. Abad Santos, Jr. 

The August 7 Order of the Regional Trial Court granted the preliminary injunction requested by Cabrera, enjoining Aquino, et. el., from further blocking, preventing and disallowing the SKPF president of his representation in the Sangguniang Panlalawigan and to acknowledge him as such pending resolution of Sollegue's appeal before the SK National Executive Board.

 On the other hand, Judge Barsaga's October 16 Order denied for lack of merit the Motion to Dismiss filed by the vice governor's group.

 Judge Barsaga said the court, despite the threat of administrative, civil and criminal cases that may be filed against him, has to rule against the motion to dismiss "as the Court is not bound by a void resolution of the SK NEB."

It may be recalled that the SK-NEB nullified the questioned recall elections held on May 31, 2000 in its resolution promulgated on August 16-18, 2000. However, the Court noted that the SK-NEB resolution was based on a Memorandum of Agreement with the DILG which was approved on June 28, 2000, or exactly 28 days after the recall elections.

SK-NEB's application of the MOA provisions makes it ex-post facto (after the fact) and this cannot be retroactively applied to the May 31 recall elections as the rules applicable at the time was the SK Constitution and By-Laws.


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