Another Bacolod Regional Trial Court judge denied a second bid to halt the Central Negros Electric Cooperative (CENECO) and Primelectric Holdings Inc. (PHI) joint venture agreement plebiscite.
Acting Presiding Judge Ferdinand Elbert Jomilla of Bacolod RTC Branch 50 said the prayer for the issuance of a Temporary Restraining Order (TRO) “is groundless, as the great or irreparable injury to prevent was not established”.
After careful consideration, the Court finds that the prayers for the issuance of TRO lacks merit and is therefore denied, the judge said in his order dated June 29.
The judge was acting on a special civil action filed by CENECO consumer Joaquin Dagohoy Malacad against CENECO and PHI seeking a writ of preliminary injunction and/or temporary restraining to halt the plebiscite on June 24 and 25 and July 1 and 2, and the implementation of the JVA.
The plebiscite is being held for CENECO member-consumers to vote whether they are for or against the JVA.
“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,” the judge also said.
The elections on June 24 and 25 were already held prior to the court acquiring jurisdiction over the present case, the judge pointed out.
CENECO held off the holding of the plebiscite on July 1 and 2 but said it will proceed with the plebiscite on July 8 and 9.
Some local government units are planning to ask the National Electrification Administration for two more additional plebiscite dates to make up for the July 1 and 2 cancellations, CENECO acting general manager Arnel Lapore said on Sunday.
On Friday Bacolod RTC Branch 42 Judge Maria Lina Gonzaga lifted a 72-hour TRO on the CENECO and PHI joint venture and plebiscite on Saturday.
However, CENECO sustained its suspension of the July 1 and 2 plebiscite to avoid confusion.*