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RTC judge issues 72-hour TRO on Ceneco JVA, July 1 plebiscite

A 72- hour TRO has been issued on the JVA signed by CENECO president Jojit Yap and PHI president and CEO Roel Castro on July 3.*

A Bacolod Regional Trial Court judge on Thursday, June 29, issued a 72-hour temporary restraining order (TRO) on the Central Negros Electric Cooperative (CENECO) and Primelectric Holdings Inc. (PHI) joint venture agreement and suspended its July 1 plebiscite.

Bacolod RTC Branch 42 Judge Maria Lina Gonzaga granted the TRO following a motion for reconsideration filed by the lawyers of the petitioners Pepito Pico, Rommel Pido and Aaron Sorbito of the Negros Consumers Watch and the Anti-CENECO JVA Coalition.

The petitioners are seeking the nullification of the JVA with application for the issuance of a Preliminary Injunction or TRO, and have named officials of CENECO and PHI as respondents.

The judge has directed both parties to submit their respective evidence relative to the legal requirement for a massive information education and communication (IEC) campaign on the JVA in the district levels within CENECO’s coverage area.

The judge also ordered the petitioners to include the National Electrification Administration in their petition as it is the agency that has administrative supervision over the electric cooperatives.

The judge directed CENECO to submit the necessary evidence on the massive IEC campaign, which activities should have been done prior to the signing of the JVA.

The hearing of the preliminary injunction has been set at 2 p.m. on Monday, July 3.

Jonathan Cabrera, JVA spokesman, said PHI and CENECO will submit proof of IECs within 72 hours and are hoping the judge will lift the TRO.

He said the JVA plebiscites set Sunday, July 2, and July 8 and 9, are not included in the TRO.

Lydio Ampawan Jr., lawyer of the petitioners, said they are hoping for “a preliminary injunction to put an end to this madness, the people were no informed of the JVA”.*

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