MALOLOS CITY: The recall proceedings against Bulacan Gov. Wilhelmino Sy-Alvarado will proceed as the Regional Trial Court Branch 83 of this city junked his petition for injunction and lifted the temporary restraining order (TRO) it earlier issued.
Judge Guillermo P. Agloro of RTC Branch 83, in his decision issued Friday afternoon, granted the motion filed by Perlita Mendoza to dismiss the petition for injunction for lack of action and prematurity.
Agloro said the issues raised by Alvarado, particularly on the alleged violation of his right to due process, can be settled by the Commission on Elections (Comelec) through Comelec Resolution no. 7505 or the rules and regulations governing the recall.
The court agreed with Mendoza that Alvarado should first avail of the legal remedies offered by the Comelec, especially over the issues of service and posting of publication of recall. The publication of the petition is required under the recall procedures.
Agloro said the governor should exhaust all administrative remedies before resorting to court action.
With the dismissal of Alvarado’s petition, the court lifted the TRO it earlier issued stopping the recall proceedings.
However, it was uncertain if the verification of petitioners’ names and signatures, which started on Wednesday, March 18, but was immediately stopped on Friday, will continue.
Based on recall procedures, the Comelec should first notify the subject of the recall regarding the verification process.
If the verification will push through on Monday, March 23, the Comelec will face a daunting task because it will have to check and verify over 319,000 names and signatures. The Comelec has until April 1 to finish the process.