CEBU, Philippines - Finding sufficient evidence, the Court of Appeals Cebu Station issued a temporary restraining order against the lower court from making further actions on the Rallos case.
Associate Justice Paul Hernando said in his three-page order he found enough grounds to grant the TRO effective for 60 days.
He said if today’s public auction of SRP lots pushes through, the proceedings before the CA will become moot and academic.
“Thus, grave or irreparable injury may therefore be suffered, in our estimation at this stage of the proceedings, by the petitioner should a TRO be not forthcoming,” the resolution read.
Earlier, Mayor Michael Rama, assisted by the city lawyers, filed a petition for the nullity of judgment with application for the issuance of a TRO against Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9, sheriff Eugenio Fuentes and the heirs of Rev. Fr. Vicente Rallos.
In the petition, Rama asked the appellate court to render the decision in their favor. Likewise, he asked to declare the judgment debt of P133 million as compensation for Rallos property used as a public road as null and void.
Rama emphasized that the lot was donated by the Rallos ancestors to the city through a compromise agreement made in 1940.
Jade Ponce, one of the city’s lawyers, told the media the issuance of a TRO is a relief.
“By virtue of the TRO, the respondents or anyone acting in their behalf, are enjoined from executing the decisions of respondent court RTC Branch 9 and from causing the release of any funds of the petitioner in satisfaction thereof,” the resolution read.
“Based on the evidence we have gathered so far we are confident that we could reverse the whole thing,” Ponce said referring to the judgment of the lower court directing them to pay the P133 million debt.
Ponce added they will be arguing as to why the restraining order should become permanent during the hearing of the writ of preliminary injunction on May 9, 2012.
In his resolution, Hernando directed the city government to post a TRO bond at a fixed rate of P1 million within ten days from notice. However, he said the failure of the city to post bond will result to the lifting of TRO.
Likewise, he directed the respondents to file their comment on the petition filed by Rama within ten days from receipt of the notice.
Earlier, Himalaloan ruled that the newly-discovered agreement was not a “supervening event that transpired after judgment of the instant case has become final and executory.” (FREEMAN)