The CA 18th Division presided by executive justice Arsenio Magpale yesterday issued a 60-day temporary restraining order against Menchavez enjoining him from continuing the trial today.
The appellate court likewise ordered Menchavez not to enforce his orders dated March 1, 8 and 27 all denying the prosecution's motion for his inhibition while the merits of the petition for certiorari filed by Torralba is still being heard.
The appellate court gave Menchavez 10 days to file his comment on the petition and not a motion to dismiss. Menchavez was likewise ordered to show cause why a writ of preliminary injunction should not be granted to Torralba.
Torralba filed a petition for certiorari and prohibition before the CA against Menchavez last Wednesday for insisting to hear his case despite his repeated moves for the latter's inhibition. He asked for the issuance of a TRO, which the appellate court granted.
Torralba said Menchavez "acted with grave abuse of discretion amounting to lack or excess of jurisdiction" in insisting on trying the frustrated murder case against Ortiz. - Fred P. Languido