1 month ago
22
BAGUIO CITY — Abra province's Regional Trial Court (RTC) Branch 1 on Tuesday denied the petition of suspended Pidigan town mayor Domino Valera for a temporary restraining order (TRO) in his attempt to block a 60-day suspension imposed on him by the Sangguniang Panlalawigan (SP).
The SP recommended the preventive suspension of Valera through a resolution while complaints of grave misconduct, conduct unbecoming of a public officer, conduct prejudicial to the best interest of the service, and violation of Codes of Ethical Standard for Public Office are being heard.
Three employees complained that the mayor and the municipal treasurer, Apollo Palecpec, did not release their mid-year and year-end bonuses equivalent to one month's salary and cash gifts of P5,000.
The SP members did not suspend Palecpec because for a case to pursue, it requires a written complaint filed before the Bureau of Local Government Finance under the Department of Finance.
Attempting to outwit the SP, Valera on Jan. 17, 2025, filed a petition for certiorari with application of a TRO and writ of preliminary injunction against the Abra SP, Acting Abra Gov. Russel Bragas and three complaining employees — Arnulfo Bisares, Melvin Dumlao and Jumel Chong — arguing he was not given due process.
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But Abra RTC Branch 1 Judge German Ballesteros III's order said a TRO will be granted only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise.
The court stated that the petitioner should show that there is a meritorious ground for the issuance of a TRO on his favor.
"The petitioner failed to support his claims as there was no concrete evidence of any injury to be sustained. Instead, what he reiterated during his testimony is the deprivation of his right to due process, which clearly is not an element in the issuance of a TRO," Ballesteros explained.
The court also explained that an injunctive writ is granted only to applicants with actual and substantial rights. That is right in esse or right that is clear, unmistakable, and enforceable by law where they must prove that there is a paramount necessity for the writ to prevent serious damage.
It was also stated in the Abra RTC Branch 1 order that Valera not only failed to prove the urgency of that application of a TRO, but he also "failed to prove the possibility of a grave and irreparable injury to justify such issuance," thus the application of a TRO was denied for lack of merit.
The Abra RTC Branch 1 also said, "(it) will proceed the main case for Certiorari after the submissions of the initiatory pleadings by the parties."
