By Ambrosio R. Villorente
“The subject Office Order is hereby declared null and void being not in accordance with the law. The respondent SP Nemesio Neron is ordered to cease and desist from assuming the office as Officer-In-Charge of the Office of the Sangguniang Panlalawigan. The petitioner is hereby declared as the Acting Vice Governor/Officer-In-Charge of the Sangguniang Panla-lawigan of Aklan being the highest ranking Sang-guniang Panlalawigan Member until such time respondent incumbent Vice Governor Gabrielle V. Calizo would have reported back to office.”
This is the decision of Hon. Virgilio Luna Paman, presiding judge, Branch 7, Regional Trial Court, Kalibo, Aklan on Spl. Civil Action No. 8170 for Injunction With Temporary Restraining Order and Preliminary Injunction involving Hon. Selwyn C. Ibarreta, petitioner, versus Hon. Gabrielle V. Calizo, . . .Vice Governor of the Province of Aklan and Hon. Nemesio P. Neron.
Hon. Selwyn C. Ibarreta, member, Sangguniang Panlalawigan (SP) of Aklan petitioned the Regional Trial Court, Kalibo, Aklan to declare him as “the acting vice governor of Aklan/officer in charge of the Sangguniang Panlalawigan of Aklan.
Vice Executive Judge Marietta J. Homena-Valencia issued an Ex-Parte Temporary Restraining Order (TRO) for 72 hours. Upon raffle and receipt of the case, Judge Paman set the TRO for hearing with notices to the parties. Both counsels and parties of the case readily acknowledged and admitted the undisputed facts, that the lone issue is the validity of the office order dated October 10, 2007 and that in view of the urgency and the shortness of the time before the issue will be mooted by the return of the elected vice governor, the resolution of the motion for TRO shall include the application for preliminary injunction and the principal action for injunction.
Ibarreta filed a special proceeding for “Injunction With Temporary Restraining Order and Preliminary Injunction” against Vice Governor Gabrielle V. Calizo of Aklan and Aklan SP member Nemesio P. Neron. The decision is issued in the afternoon of Wednesday, October 17, 2007
The complaint arose after Vice Governor Calizo designated Hon. Neron as Acting Vice Governor–in charge of the Sangguniang Panla-lawigan of Aklan effective October 14-23, 2007. Vice Governor Calizo is now on personal travel abroad specifically in Manila, Dubai and Egypt.
According to Hon. Ibarreta, the act of Vice Governor Calizo in issuing such office order designating Hon. Nemesio P. Neron as Officer In-Charge of the Sang-guniang Panlalawigan during the period of her travel abroad is “without legal basis, a gross abuse of discretion which tantamounts to lack or excess of jurisdiction because…Hon. Nemesio P. Neron is not the highest ranking SP member of the Province of Aklan”.
Among the 10 duly elected SP members of Aklan, composed of five SP members from the Western District and five SP members from the Eastern District, Ibarreta was ranked number I SP member in accordance with Art. 83 (f) 5 of the Implementing Rules and Regulations of the Local Government Code of 1991.
Moreover, Ibaretta claimed that on June 8, 2007, the Commission on Elections has ranked him as the Senior Sangguniang Panlalawigan member of Aklan for having obtained the highest proportion of votes obtained by each winning candidates to the total number of registered voters in each district during the May 14, 2007 elections.
The ranking was based in accordance with the provisions of Section 44 of the Local Government Code. Ibarreta also pointed to the Supreme Court Decision in the case of Juan D. Victoria versus Comelec and Jesus James Calisin.
Ibarreta petitioned the court to enjoin or restrain Hon. Nemesio P. Neron from exercising the functions of the OIC of the office of the SP Aklan in the absence of Vice Governor Gabrielle V. Calizo because “his designation was invalid and unlawful and in defiance of the will of the voters of Aklan.
Hon. Nemesio P. Neron thru counsel argued that the case of Albay does not apply to the instant case of Aklan and Neron’s case is not covered by the ranking in the SP members ranking issued by acting provincial election supervisor Lorena B. Tumbagahan.
In view of the petition, a TRO was issued on Monday, October 15 restraining Hon. Neron from performing the functions as stated in his designation as OIC Vice Governor. The TRO expired on October 18. Both the petitioner and the respondent gave their oral arguments on the case on Tuesday, October 16. Hon. Nemesio P. Neron was represented by his lawyer Atty. Yen Yen M. Ibadlit while Hon. Ibarreta was represented by Atty. Saykeme Molino–Martelino. The court through Judge Paman declared on Wednesday, October 17, 2007 the designation of Hon. Neron null and void. Hence, Hon. Neron: the future former OIC Vice Governor. /MP
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