- GILBERT BAYORAN
Another Temporary Restraining Order being sought to stop the conduct of plebiscite to ratify the Joint Venture Agreement between the Central Negros Electric Cooperative and Primelectric Holdings Inc./Negros Electric Power Corporation, was denied by Regional Trial Court Branch 50 acting presiding judge Ferdinand Elbert Jomilla, for lack of merit.
Joaquin Dagohoy Malacad sought for a TRO issuance to hold in abeyance the plebiscite scheduled June 24 and 25, and July 1 and 2, as well as the suspension of the implementation and execution of the JVA.
In his decision dated June 29, Judge Jomilla said the results of the plebiscite on the JVA, whether approved or rejected, will only be determined after the voting June 24 and 25, as well as July 1 and 2.
Since the plebiscite is still ongoing, he said the decision of the majority of eligible member-consumers of Ceneco on whether to approve or reject the JVA cannot be determined, at this time.
“The act sought by the petitioner, which is for the respondents to cease and desist from conducting the plebiscite, is already superfluous,” the judge ruled, noting that the casting of votes was already held June 24 and 25, prior to the court acquiring jurisdiction over the present case.
“This court, therefore, determines that the prayer for the issuance of a TRO is groundless, as the great, or irreparable injury to prevent was not established,” he said.
After careful consideration, the court finds that the prayer for the issuance of a TRO lacks merit, and is therefore denied, Jomilla added.
RTC Branch 42 Judge Maria Lina Gonzaga also lifted the TRO she earlier issued on the July 1 plebiscite, after Ceneco and Primelectric/NEPC submitted the required documents to the court.
The July 1 and 2 plebiscite was suspended by Ceneco to avoid confusion among member-consumers. Voting will resume on July 8 and 9.
Ceneco acting general manager, Atty. Arnel Lapore, said they also sought permission from the National Electrification Administration for two more plebiscite dates, to make up for the July 1 and 2 postponement./GB
