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Comelec
orders status quo on Cabawan official
By KIT BAGAIPO
Cabawan
Barangay Captain Sergio Bangalao will stay in his post despite
a court ruling that ordered him to vacate his office.
The
Commission on Elections (Comelec) Second Division issued on
Monday a 60-day temporary restraining order (TRO) in favor
of Bangalao to continue serving as barangay captain of Cabawan,
this city.
It
may be recalled that Bangalao tied in number of votes with
his opponent, Apolonio Onyot, during the October 29, 2007
barangay elections.
Bangalao
was officially recognized as the winner after a "toss
coin" that was presided by the Department of Interior
and Local Government (DILG).
However,
Onyot filed a petition at the Municipal Trial Court in Cities
(MTCC) asking for the re-opening of some questioned ballots.
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The
petition was granted by MTCC Branch 1 Judge Sisinio
Virtudazo which eventually led to the appreciation of
ballots in favor of Onyot.
Last
February 20, Virtudazo issued a special order granting
a motion filed by Onyot to assume as Cabawan barangay
captain. Bangalao filed a counter petition at the Comelec.
In
its order, the Comelec said the TRO will allow the commission
to decide on a petition for a status quo filed by Bangalao
while giving Onyot 10 days to answer the petition for
status quo.
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According
to the Comelec Second Division, the issues raised and the
proceedings at the Comelec will be rendered moot and academic
if a TRO is not issued.
"A
status quo order is likewise issued directing the parties
to observe the status prior to the promulgation or issuance
of the Special Order," the Comelec ruling stated.
The
Second Division has set a hearing on April 22 on Bangalao's
petition.
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