ILOILO CITY - A day after the controversial armed assault on the Iloilo provincial capitol. Gov. Niel Tupas Sr. has been slapped with a sedition complaint filed by Vice Governor Robero Armada and provincial board member Emmanuel Gallar.

In a four-page complaint filed before the Iloilo City Prosecutors Office on Thursday, Armada and Gallar accused Tupas of violating Article 139 of the Revised Penal Code.

Also named respondents were the governor's son and provincial board member Niel "Jun-Jun" Tupas Jr., provincial administrator Manuel Mejorada, provincial jail warden Juan Mabugat and other unidentified respondents.

In their complaint, Armada and Gallar accused the respondents of seditious acts, pointing out that the respondents "with clear criminal intent and clear disrespect to lawful orders…openly and publicly broadcasted in media outfits…that they shall use all means to stop and prevent the undersigned and employees from entering the provincial capitol premises…"

They accused the respondents of rising "publicly and tumultuously" by using armed men and forcibly seizing control of buildings and utilities and barricading the capitol to prevent the implementation of the dismissal of Tupas and provincial board members Domingo Oso and Cecilia Capadosa.

Armada and Gallar said these acts prevented their assumption as governor and vice governor, respectively, of the province.

Attached to the complaint were a copy of the oaths of office of Armada and Gallar and pictures showing the closed gates and doors of the capitol.

Zafiro Lauron, one of Tupas' legal counsels, said they have not yet received a subpoena requiring the governor and other respondents to file their counter-affidavit. But he said the complaint has no legal basis.

"It should be placed in the waste basket," Lauron said in a telephone interview.

The DAILY STAR tried to reach Armada for comment but he has not answered repeated calls and text messages.

Interior Undersecretary Wencelito Andanar swore into office Armada and Gallar on January 15 to replace Tupas who was ordered dismissed by the Ombudsman after he, Oso and Capadosa were found guilty of graft charges. Armada and Gallar signed the complaint as "governor" and "vice governor." They said it is "public knowledge" that Tupas, Oso and Capadosa have been dismissed from service due to corruption cases and are no longer officials of the province.

Tupas had refused to step down and has questioned the implementation of the order before the Court of Appeals.

On Thursday around 200 heavily policemen stormed the capitol to remove Tupas from office but the assault was aborted after the CA in Cebu City issued a 60-day temporary restraining order preventing the implementation of the dismissal order of the Ombudsman until the court lifts the TRO.

The appellate court gave respondents 10 days upon receipt of the order to file their comment and "to show cause why a preliminary injunction should not be granted." The CA has set a hearing on January 29 to determine the merits of the issuance of a preliminary injunction.*NPB

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