MANILA — The Supreme Court (SC) has issued a temporary restraining order (TRO) to stop the Commission on Election (Comelec) from enforcing a resolution approving a petition for recall election, which is scheduled on May 5 in Cabadbaran City, Agusan del Norte, filed by losing mayoralty candidate Judy Amante against Mayor Katrina Marie Mortola.
In a three-page resolution dated April 24, the SC en banc granted the petition filed by Mortola for the issuance of the TRO to stop the Comelec from proceeding with the recall polls on May 5.
“The Court resolved to….(I)ssue a Temporary Restraining Order, effective immediately and continuing until further orders from this court, enjoining the public respondents from enforcing or implementing the Comelec en Banc’s Resolution dated March 20, 2018 in E.M. No. 18-004 (RCL)-A and from further continuing any act or proceeding relevant thereto, or arising out of, or in connection with the same,” read the three-page resolution dated April 24, signed and promulgated by Deputy Clerk of Court, Atty. Anna-Li R. Papa-Gombio.
The SC resolution also ordered the respondents to comment on the petition within a non-extendible period of five days from notice.
The recall elections have been set on May 5 in compliance with the deadline set by the Omnibus Election Code that recall elections should be done within a year before the next elections on May 13, 2019.
The poll body has set the filing of certificates of candidacy for the recall elections from April 19 to April 20, 2018, the campaign period from April 21 to May 3, 2018 and the election period from April 14 to May 10, 2018.
Earlier, the Comelec issued a 58-page resolution directing its Office of the Executive Director for Operations to prepare the calendar of activities for the conduct of the recall elections for Cabadbaran City.
Subject of the recall petition is Mortola for supposed loss of trust and confidence in her leadership.
The Comelec earlier affirmed that there were enough valid signatures and thumbmarks of petitioners to proceed with the conduct of the recall elections. It dismissed the instant appeal filed by Mortola questioning the verification process.
The recall petition against Mortola was filed on Aug. 7, 2017. (PNA)
