DILG Usec seeks P2.1 M damages from Atienza

Interior and Local Government Undersecretary Rafaelito Garayblas is asking Manila Mayor Lito Atienza to pay him P2.1 million as damages for trying to oust him as a member of the board of regents of Pamantasan ng Lungsod ng Maynila (PLM).

Garayblas charged Atienza in the Quezon City Regional Trial Court together with Emmanuel Sison, Secretary to the Mayor, Alejandro Roces, Raul Goco, Alfredo Gabot, Aguinaldo Miravalles, all members of the PLM board of regents.

He complained that Atienza committed grave abuse of authority in appointing Goco as a member of the board to replace him.

Garayblas claimed that his term representing the faculty expires only on Aug. 13, 2004.

He said Atienza and the rest of the respondents deliberately humiliated him when he was excluded from the conference room for their regular meeting on Jan. 28, 2000.

Gabot, representing the respondents, told the court that Garayblas' appointment by then City Mayor Alfredo Lim was invalid since Goco did not abandon the position when he was appointed ambassador.

The DILG official's complaint was affirmed by Quezon City Regional Trial Court Judge Lydia Layosa who issued a temporary restraining order against Atienza and restrained Goco from assuming the position of Garayblas.

Layosa directed Atienza to stop implementing a resolution of the PLM board of regents ousting and removing Garayblas as member.

The court said Garayblas had been "maliciously barred by malicious interference, and was ousted without valid cause."

Judge Layosa said the court finds sufficient basis for granting the TRO considering that Garayblas enjoys the presumption of regularity in his appointment and assumption of his post.

"He has not resigned nor has been incapacitated as would justify his removal and he cannot be removed unless for cause as mandated by the Charter of PLM," the court ordered.

Garayblas is asking for exemplary damages in the amount of P1 million and P1 million moral damages arising from the embarrassment, humiliation and besmirched reputation as a consequence of Atienza's "illegal and tortious acts."