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VOLUME XXIV No. 50
Tagbilaran City, Bohol, Philippines
June 27, 2010 issue
 

TRO storm engulfs Liga; Lim denies receiving court order

 

Outgoing president of the Liga ng mga Barangay, Bohol chapter, Dr. Concepcion Lim, who is to assume as the new Bohol vice governor on June 30, was categorical in her denial that she did not receive any document purportedly calling for the cancellation of the elections for federation officials in the form of a Temporary Restraining Order (TRO). Lim is in the eye of a storm sparked by the issuance of a TRO by Presiding Judge Suceso Arcamo of the Regional Trial Court Branch 47 to stop the special elections held last week at the La Roca Hotel, this city. Lim's denial ran smack into Judge's Arcamo's contention that the “TRO and summons was respectfully returned duly served”. According to the judge's the process server recalled to him that after a thorough explanation of contents of the TRO to Hon., Concepcion O. Lim, M.D., who at first refused to sign and call for her counsel colleagues and other personalities for referral, undersigned respectfully waited until finally at 7:25 o'clock in the evening respondent instructed Hon. Rex Roman Tocmo, legislative staff assistant III, to receive and sign in her behalf to acknowledge receipt thereof.

This statement was contained in Judge Arcamo's Show Cause Order addressed to Lim which he issued following the controversy generated by the TRO where the Liga organizers went ahead with their elections despite the court order stopping the same. In an exclusive interview with Lim yesterday, the outgoing Liga president also denied having given instruction to her assistant to sign in her behalf the court summon. Lim said she could not have signed the TRO because at that time that it was supposedly served she was already considered as resigned. Her resignation which was made a day after the special elections was approved by the Liga board. Irked of the snub he received from Liga officvers even if a TRO whose life span was 72 hours was issued in relation to the scheduled elections, Judge Arcamo directed nine Liga personalities including members of the Board of Election Supervisors to explain in writing and show cause why they should not be cited and punished for indirect contempt of court. Indirect contempt carries a penalty of imprisonment and a fine of P20,000.

In threatening Lim and company the pain of indirect contempt, Judge Arcamo said that undoubtedly the stubborn refusal of the Liga officials to obey the temporary restraining order despite due notice was an insult and serious affront not only to the presiding judge but more importantly to the dignity, reputation and prestige of the judiciary and the Supreme Court as an institution and dispenser of justice. Asked if she did receive already the Show Cause Order From Judge Arcamo, Lim who just arrived from Macau only last Friday, said she was yet to see one. This means, she said how can possibly answer an order which she had not seen yet. Lim said she will answer the judge order for her to explain in the proper time. Commenting further on Lim and company's refusal to honor the TRO, Judge Arcamo added that such naked display of arrogance and abuse of power has certainly no place in a democratic society like ours which is governed by the rule of law and not the rule of men or rule of the mob.

The TRO was sought by Faro Cabalit, Tagbilaran City chapter Liga president, asking the court to stop the elections scheduled on June 19 citing alleged violation of the 15-day reglamentary period. Cabalit contended that no elections were to be held according to the federation by-laws without due notice. In the case of last week's election, the 15-day notice accorded to any member was not observed, according to Cabalit adding that the proceedings were illegal per se. AS a result, the election of the officers of the provincial Liga federation led by newly-minted president Crispina Vergara of Mabini town was clouded in doubt as a result of the TRO. Among those who were asked to explain why they should not be cited of indirect contempt were election committee members composed of Cortes Liga president Romeo Labor, Balilihan's Elenito Llorente and Trinidad's Rolando Ibale, Candijay's Arlene Caadlawon, who presided over the meeting prior to the election of the president and vice-president, and Liga past vice-president Dr. Romulo Cepedoza.

Also included in the indirect complaint were Comelec supervisor lawyer Eliseo Labaria, DILG Regional Director Pedro Noval, Jr. and SP secretary Bonifacio Quirog who composed the board of election supervisor. The respondents were given five days to answer and the court has set to July 9, 2010 the hearing for contempt proceedings. So far, only Quirog has submitted his answer to the court's show cause order. Quirog said in an interview that he was not aware of the TRO. It may be recalled that Cabalit filed civil case No. 7774 for the TRO against the Liga represented by Lim. He alleged that an election was called when there were no vacancies for president and vice-president at the time when the notice for special election on June 19, 2010 was served. During these dates, Lim, who was elected as vice-governor and Cepedoza, elected as provincial board member for 2 nd district, were still the president and vice-president, respectively. They only caused their resignation on June 18, a day before the election.

Meanwhile, Vergara was supposed to immediately attend to the regular session last June 22 following her installation and oath-taking as federated Liga president on June 19. But she instead preferred to travel abroad in Macau, People's Republic of China with some of her colleagues in the Liga. In an interview with Noval, who attended the recent RDC last full council meeting at Bohol Tropics last week, said that she should therefore attend to the said session as part of her responsibility. But when he was told of Vergara's travel, Noval said it may alright as long as the travel has been part of their plans. Noval confirmed that DILG has authorized the said travel. He added that it depends on them. For his part, Cabalit, who did not participate in the travel abroad because he sympathize with those majority who are unable to go, said that as Liga president she should first attend the session because she now represents the LnB to the halls of the Sangguniang Panlalawigan. (With reports from RVO)

 
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