The Supreme Court has refused to issue a temporary restraining order (TRO) to ousted Antique governor Exequiel Javier.
During the deliberations of the SC en banc, the high court denied the two motions which Javier filed praying for the issuance of TRO that can halt his disqualification and ouster from office.
Instead, the 15-man tribunal ordered the Commission on Elections (Comelec) to lodge its comment within five days.
“The Court, addressing two urgent motions filed by petitioner Javier for the issuance of a temporary restraining order dated January 22 and 26, 2015, directed respondents to submit their Comment to the application for TRO within a non- extendible period of five (5) days from notice; the Court also directed the Clerk of Court En Banc to cause personal service of this resolution,” the SC ruled.
In the ruling of the Comelec en banc, it granted the petition for disqualification against Javier filed by former Lakas-CMD secretary general and UNA candidate Raymundo Roquero and Cornelio Aldon, also of the Lakas-CMD.
Both Roquero and Aldon lodged the disqualification case against Javier after he suspended Valderrama Mayor Mary Joyce Roquero during an election period.
Voting for the disqualification of Javier are Comelec Chairman Sixto Brillantes and Commissioners Elias Yusoph, Arthur Lim, and Lucenito Tagle.
On the other hand, Commissioners Luie Guia and Christian Lim dissented. Commissi- oner Al Parreno was on offi- cial business.
The resolution stated that the majority concurred with the original resolution signed by Yusoph, wherein Javier was found to have violated election laws when he suspen- ded Roquero on January 23, 2013, which falls within the election period.
It was alleged that Roquero’s suspension came after she manifested her political opposition against Javier, also during an election period. Thus, the act falls under “coercion of subordinates.”