Judge Rustico Panganiban ordered Finance Secretary Isidro Camacho and BOC Commissioner Titus Villanueva to prevent Deputy Commissioner Gil Valera from taking over the post of Emma Rosqueta, the second ranking BOC official.
"After a judicious consideration of the evidence of both parties and records of the case, the court finds merit in the petitioner’s (Rosqueta’s) application for preliminary injunction," Panganiban stated in his three-page order.
The injunction, which will remain in effect until the termination of the case, will protect the parties, including the government, from undue injury. Rosqueta was told to post a P200,000 surety bond, however, to cover any damages.
Rosqueta, who has been with BOC since 1962, said her superiors unlawfully removed her from her post when they unilaterally appointed Valera as her replacement last month. She has been Deputy Customs Commissioner since 1998.
According to her, Valera’s appointment was a "usurpation, of her position, on the basis that she has neither resigned nor abandoned her post. She admitted though, that she tendered a courtesy resignation during BOC chief Renato Ampil’s time.
But Rosqueta clarified that she wrote the Office of the President, when Gloria Macapagal-Arroyo took over, saying that she was formally withdrawing and revoking her courtesy resignation.
"As I had not received any notice accepting my resignation, I am still lawful occupant (of the office) up to the present," she said. Nonetheless, the President appointed Varela on July 13, 2001. He took his oath before Camacho on Aug. 3. – Delon Porcalla