SC orders textbook dealers to comment on TRO lifting

The Supreme Court has given three textbook dealers led by Vibal Publishing House Inc. 10 days to comment on an urgent motion filed by textbook dealer Kolonwel Trading seeking to lift the temporary restraining order (TRO) the SC issued last month stopping the Manila Regional Trial Court (RTC) from implementing the injunction against a World Bank-funded $100 million textbook supply contract.

"The court resolved to confirm nunc pro tunc the temporary restraining order issued by the Court on Dec. 20, 2006; note the comment on petition (with urgent motion to lift temporary restraining order), dated Jan. 2, 2007 filed by (the lawyers of) respondent Kolonwel Trading in compliance with the order of Dec. 20, 2006; and require the petitioners to file a reply to the above comment within 10 days from notice hereof," the SC said.

In a telephone interview, lawyer Harry Roque, of the Roque and Butuyan law firm representing Kolonwel, asked the SC to lift the TRO it issued against the injunction issued by Manila RTC Judge Myra Garcia-Fernandez on Dec. 4 last year.

Roque said the TRO has paved the way for Vibal to receive payment for the defective books it delivered to various public schools in the country.

"The payment to the printers depend on the letters of credit. It was established during the hearing of the Senate last Tuesday that there are 150 errors in the books that were already delivered. The effect of the TRO is that we lose the bargaining chips," Roque said.

"The payment will be made to the Watana and we have no way to run after them because they have no representatives in the Philippines," he added. Roque also said they are still hopeful that the SC will set an oral argument on the textbooks scam.