Jomar: MTC denial of writ is victory for case vs RJ PDF Print E-mail
Friday, 11 January 2013 15:44

Adelante Zamboanga President Jomar Lobregat yesterday said the Municipal Trial Court has in effect affirmed in its January 11 decision concerning his motion for execution of judgment that former Zamboanga del Norte solon Romeo Jalosjos is not a registered voter in Zamboanga City.

And contrary to what the Jalosjos camp proclaims, Lobregat said the MTC decision is not a defeat but rather a victory for the case against Jalosjos’ inclusion in the permanent list of voters that he and Cong. Beng Climaco filed.

“The denial [of the joint motion for execution of judgment] is actually a victory for our cause because it affirmed that the respondent Romeo Jalosjos is not a registered voter of District 2 in Zamboanga City”, Lobregat declared.

The MTC on January 11, 2013 denied Lobregat’s and Climaco’s joint motion for execution of judgment stating that the Regional Trial Court (RTC) last October 18, 2012 denied Jalosjos’ petition for inclusion in the permanent list of voters in precinct 1465-A which had already become final and executory when it was affirmed by Judge Reynerio Estacio, presiding judge of RTC branch 14 in its October 31, 2012 order. “The said decision has already become final as per the Finality of Judgment dated November 5, 2012 issued by Clerk of Court V, Branch 14, this city”.

Lobregat quoted the  decision which states: “It appears that nothing in the order dated October 18, 2012, can be subject for an execution because the dispositive portion thereto only denies the above stated petition, and no awards of any damages was rendered in favor of the oppositors”.

“The fact that petitioner filed the instant petition is the best evidence that he is not a registered voter in the Second District of Zamboanga City”, Lobregat said quoting the MTC decision.

The MTC decision further states that the Election Registration Board disapproved his application for registration as voter in precinct 1465-A, barangay Tetuan on August 31, 2012 and it also issued a resolution denying the Motion for Reconsideration and the Application for Registration of Voter on September 27, 2012.

“Besides the COMELEC could verify from its Permanent List of Voters of Precinct No. 1465-A (Tetuan, Zamboanga City) that indeed petitioner Romeo Jalosjos is not a registered voter of said precinct”, the MTC ruling added. — Rey Carbonel