On TRO, injunction vs. Nabunturan bond flotation
nov 13
NABUNTURAN- Regional Trial Court Judge Helarion Clapis here has ordered yesterday to send subpoenas to the regional offices of the Department of Finance and the Department of Budget and Management for their experts to testify and give opinions as neutral parties on the P90-million bond flotation project of the municipal administration which town oppositors seek to stop through court action.
Bond float oppositors last Friday filed at RTC-Branch 3 here last Friday a court case praying for injunction with application for writ of preliminary injunction and temporary restraining order (TRO) against respondents Mayor Macario Humol, Vice Mayor Romeo Clarin and Councilors Iluminada Cabuga, Darwin Tan, Edilberto Minoza, Vivencia Secuya, Cheryl Trinidad, ABC president Alfredo Manalop, sectoral representative Felipe Masambo and Sangguniang Kabataan president Jennifer Gamao.
Not included in the case were also oppositionist councilors Raul Caballero and Editha Arangcon.
Complainants of the case and authorized representatives of the people’s initiative petition were Councilor Alfonso Tabas, Jr. Emilio delos Reyes and newsman Cha Monforte.
The case filed was docketed as Civil Case No. 898.
The respondents have answered yesterday their comment and opposition to the case following Monday’s summons of Judge Clapis for them to enter appearance within 15 days from receipt of summons.
Only Minoza and Gamao were not present in yesterday’s hearing.
They were represented by their counsels prosecutor Ferdinand Villanueva and provincial prosecutor Graciano Arafol.
On the other hand, the complainants’ counsels were Atty. Rex Lopoz and Atty. Carlo Ancla.
In yesterday’s first hearing on the injunction with TRO, following hearing of arguments that a took a little over an hour, Judge Clapis said, citing Rule 58 on the rules of court on injunction and a “limited knowledge of this court” on bond flotation such as about its fees and costs and how it affects the people of Nabunturan, “there is a need to issue subpoenas” to DoF and DBM “to testify and inform this court on the effects of bond flotation, whether or not it would be for the benefit or disadvantage of the people”.
He said that the court has the power to impose an injunction to a government unit if there is a need for “special probationary remedy to correct an error”.
He said there is a need for experts from neutral parties and not those coming from local parties on the bond flotation to enlighten his court whether he would issue an injunction or not.
He ordered his court sheriff Rene Suarez to serve the summons to DoF and DBM today and scheduled the next hearing Thursday next week, Nov. 20. (Rural Urban News) http://ruralurbanews.blogspot.com
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