SC issues TRO against recall election in Cabadbaran City

Published April 28, 2018, 1:13 PM

by Francine Ciasico

By Jeffrey Damicog

The Supreme Court (SC) has issued a temporary restraining order (TRO) against the conduct of a recall election for the mayoral post in Cabadbaran City, Agusan del Norte.


The SC granted the petition of Cabadbaran City Mayor Katrina Marie Mortola who sought to stop the Commission on Election (Comelec ) March 20 resolution which approved the conduct of a recall election on May 5.

In its en banc order dated April 24, the SC said the TRO is “effective immediately and continuing until further orders from this Court, enjoining the public respondents from enforcing and implementing the Comelec En Banc’s Resolution dated March 20, 2018 E.M No. 18-004 (RCL)-A and from further continuing any act or proceeding relevant thereto, or raising out of, or in connection with the same.”

The Comelec granted the petition filed on Aug. 7, 2017 by losing mayoral candidate Judy Amante who sought for a recall election in Cabadbaran City.

Meanwhile, the SC asked the Comelec and Amante to file their comments over the petition of Mortola who asked the high tribunal not to allow the recall elections.

Aside from a TRO, Mortola also asked the SC to issue a status quo ante order or writ of preliminary injunction.

Mortola sought the TRO after the poll body dismissed her appeal to not proceed with the recall election.

The poll body said there were enough valid signatures and thumbmarks of petitioners to proceed with the conduct of the recall elections.

Comelec spokesman James Jimenez had previously announced that 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; the campaign period from April 21 to May 3; and the election period from April 14 to May 10.