The Negros Movement for Moral Regeneration and a Bacolod lawyer yesterday filed two separate petitions asking the Regional Trial Court of Bacolod to stop the Commission on Elections in Negros Occidental and Bacolod City from accepting and verifying signatures that are part of the people's initiative to amend the Constitution.

But Justice Secretary Raul Gonzalez yesterday insisted that the COMELEC verification of signatures is legal and allowed under the Supreme Court ruling in Santiago vs. COMELEC.

The SC decision states that the COMELEC can set up signing stations and verify signatures prior to the filing of a people's initiative for Charter change, he said.

Gonzalez also said that under the Constitution cases seeking to enjoin the COMELEC should be filed before the Supreme Court and not before the lower courts.

If judges' rule on the matter, petitions for certiorari can be filed against them before the SC, he said.

Gonzalez also said the petitioners should have named the COMELEC en banc as its respondent.

Negrense lawyer Joel Dojillo yesterday filed a petition for prohibition with prayer for issuance of a temporary restraining order before the Bacolod RTC against Provincial Election Supervisor Daisy Real.

Dojillo said as a taxpayer he has interest in filing the petition as the COMELEC is spending taxpayers' money in an "utterly useless and prohibited exercise."

Citing the case of Santiago vs. COMELEC, Dojillo said the Supreme Court had ruled that the "COMELEC should be permanently enjoined from entertaining or taking cognizance of any petition for initiative on amendments to the Constitution until a sufficient law is validly enacted to provide for the implementation of the system."

The NMMR in a separate petition for prohibition with application for temporary restraining order and or writ of preliminary injunction named Real in her capacity as provincial COMELEC supervisor and Mavil Majarucon, Bacolod Comelec registrar, as respondents.

The petition filed for the group by NMMR convener, lawyer Rodolfo Parreño, said there can be no people's initiative where there is no adequate and sufficient enabling law that should serve as basis.

It also said there can be no appropriate people's initiative to revise the Constitution where the signing of the required percentage of voters are "manipulated and distorted by a conspiracy among some government officials, and some of their lackeys who call themselves 'Sigaw', and who do not represent the true and real people authorized to initiate the amendment."

The verification of the signatures by the respondent election officers is a "sheer waste of time, effort and money" of taxpayers, the NMMR petition said.

The petition asks the court to issue a writ of prohibition to permanently prohibit the respondent Comelec officers from conducting any form of verification of alleged signatures under the guise of connecting and relating them to the supposed ongoing people's initiative for Charter change.

NMMR points out that to date there is no sufficient enabling law that has been enacted by Congress to the people's initiative for Charter change.

"The current political crisis does not in any manner fill the void to justify the attempt to dispense with the requirement of an enabling law," it said.

Nowhere in Santiago vs. Comelec does the SC authorize Comelec to conduct verification of signatures with out an enabling law, the NMMR added.

It also pointed out that the election officers did not assist in the establishment of signing stations for the people's initiative where verification of signatures could simultaneously have been conducted prior to the filing of the petition.

The Comelec has failed to come out with guidelines for the verification of signatures, it added.

Joining the NMMR in its petition are leaders of its member organizations: Felipe Levy Gelle Jr. -- Bagong Alyansang Makabayan Negros secretary general, Fred Caña - Karapatan Negros secretary general, Fr. Mao Buenafe - Diocese of Bacolod Social Action Center director, Julius Dagatan - Youth Dare spokesperson, Rina Amacio - Gabriela Negros secretary general, Guillermo Barreta Jr. - Kilusang Mayo Uno-Negros spokesperson, Stanley Flores - Bangon Pilipinas, Fr. Romeo Tagud - Promotion of Church People's Response secretary general, and Valladolid Mayor Ricardo Presbitero.

Real in response said the verification of signatures in Negros Occidental was being conducted by the Comelec in the province in response to orders from COMELEC commissioner Resurreccion Borra.

She said the petitioners should have also enjoined the COMELEC in Manila on the matter since the poll officers in the province were merely acting on orders of their superiors. She said of the 32 town and cities in Negros Occidental, six have completed the verification of signatures.

These are Sipalay, Kabankalan and Talisay cities, and Pulupandan, Toboso and Candoni towns, she said.*CPG

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