Rosqueta’s assumption took effect Nov. 14 when the CA did not issue a writ of preliminary injunction thereby making effective the decision of Judge Rustico V. Panganiban to let Rosqueta reassume her position where she heads the Revenue Collection and Monitoring Group.
Customs Commissioner Titus Villanueva allowed Rosqueta back to the agency when Rosqueta’s lawyer cited the lapse of the TRO which was good for 60 days.
Reyes said the CA’s TRO dated Sept. 14, 2001 allowed lawyer Gil A. Valera "to temporarily occupy the position" of Rosqueta and "enjoy the emoluments thereof."
However, with the lapse of the TRO and the non-issuance of a writ, Rosqueta can get back her previous position as mandated by Judge Panganiban. "The legal situation existing before the issuance of the said TRO has now been restored," Reyes told Villanueva.
Panganiban had issued a writ of preliminary injunction dated Aug. 27, 2001 enjoining Villanueva and Finance Secretary Jose Isidro Camacho from enforcing the appointment of Valera.
Valera assumed the position of Rosqueta when the latter was removed. Rosqueta later contested the order citing the Constitutional provision on security of tenure before Panganiban.