• GILBERT P. BAYORAN
Another Temporary Restraining Order that seeks to stop the Central Negros Electric Cooperative (CENECO) and Primelectric Holdings Inc. / Negros Electric Power Corporation from conducting the June 24 and 25, July 1 and 2 plebiscite to ratify the Joint Venture Agreement (JVA), was denied by Regional Trial Court Branch 50 Acting Presiding Judge Ferdinand Elbert Jomilla, for lack of merit.
Plaintiff Joaquin Dagohoy Malacad sought a TRO for holding in abeyance the plebiscite scheduled June 24 and 25, as well as July 1 and 2, and the suspension of the implementation and execution of the JVA.
In his decision dated June 29, Judge Jomilla said the results of the plebiscite, whether approved or rejected, will only be determined after it is held on June 24 and 25, as well as July 1 and 2.
Since the plebiscite is still ongoing during these dates, he said decision of the majority of eligible member-consumers, on whether to approve or reject the JVA and its outcome, cannot be determined at this time.
Moreover, the act sought to be enjoined by the petitioner, which is for the respondents to cease and desist from conducting the plebiscite, is already superfluous, Judge Jomilla said, noting that the elections on June 24 and 25 were already held, 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 stressed.
After careful consideration, the Court finds that the prayers for issuance of TRO lacks merit, and is therefore denied, Judge Jomilla further said.
RTC Branch 42 Judge Maria Lina Gonzaga also lifted the TRO she issued on the July 1 plebiscite, after respondent CENECO, Primelectric Holdings Inc./NEPC complied with the requirements to be submitted.
The July 1 and 2 plebiscite was however still suspended by CENECO, but the July 8 and 9 plebiscite will push through, CENECO acting general manager Arnel Lapore said, adding that they are also seeking permission from the National Electrification Administration to hold two additional plebiscite dates to make up for the July 1 and 2 cancellation.*
