Legal snags prompt Comelec to stop Cabanatuan plebiscite

CABANATUAN CITY, Nueva Ecija  — The Commission on Elections has postponed the conduct of a plebiscite here Dec. 1 that will ratify its conversion from a component to a highly urbanized city (HUC) following several legal uncertainties arising.

The postponement came after the Branch 40 of the Regional Trial Court in Palayan City issued a Temporary Restraining Order restricting the appropriation/disbursement of fund for the referendum by the City Council of Cabanatuan and a pending Petition for Certiorari and Prohibition filed by Gov. Aurelio Umali at the Supreme Court.

The postponement was promulgated by the poll body in its Resolution No. 9563 issued on November 27.

The resolution stated that “the commission has decided to hold the plebiscite instead after May 2013 so as not to hamper its preparations for the national and local elections.”

With this, the gun ban earlier imposed by Comelec in the entire city has now been lifted.

President Benigno S. Aquino III issued Proclamation No. 418 on July 4 after Cabanatuan met all the requirements for such elevation as per the Local Government Code of 1991 including a minimum population of 200,000 as certified by the National Statistics Office, latest income of at least 50 million based on 1991 constant prices as certified by the city treasurer, and an approved resolution of a majority of the members of the Sangguniang Panlungsod supporting such move which has been fully endorsed by the city mayor.

Considered the commercial, industrial, and educational hub of Nueva Ecija, Cabanatuan was founded as a barrio of Gapan in 1750, became a municipality in 1780, and a city in 1950 by virtue of Republic Act No.526.

Cabanatuan has complied with the minimum requirements of population of at least 200,000 inhabitants, and at least P50-million annual income, as called for under Section 452 of the said code.

 In case of approval, it will be the third in Central Luzon to enjoy a HUC status after Angeles in Pampanga and Olongapo in Zambales.