QC court rejects Engaño’s plea

The Quezon City Regional Trial Court (RTC) junked yesterday the motion of Superintendent Josue Engaño to reconsider its earlier decision in issuing a cease and desist order which restrained him and Bureau of Jail Management and Penology (BJMP) officer-in-charge Chief Superintendent Arturo Alit from discharging the functions of BJMP director.

In a one-page order, Judge Modesto Juanson of Quezon City (RTC) Branch 316 ruled that Engaño’s motion for reconsideration was "devoid of merit."

Last Oct. 2, Juanson issued a cease and desist order directing Engaño and Alit to refrain from performing their duties and responsibilities as BJMP director.

In the same order, Juanson directed Department of the Interior and Local Government (DILG) Secretary Joey Lina to take over as BJMP director to prevent the operation and control of the jail bureau from being "prejudiced."

In a motion for reconsideration, Engaño said that Juanson’s order does not meet the legal requirements for the issuance of a temporary restraining order.

Engaño said that he is entitled to security of tenure because he had already accepted the appointment and discharged the duties and functions of BJMP director.

The legal battle between Engaño and Alit over the directorship of the BJMP stemmed from Malacañang’s appointment of Engaño as BJMP director last Sept. 6.

Alit questioned Engaño’s qualifications and filed a petition before the court seeking to declare Engaño’s appointment "null and void."

The controversy prompted Malacañang through Executive Secretary Alberto Romulo to recall, last Oct. 12, Engano’s appointment to allow the court to resolve the issue.

Engano also earlier filed a motion and asked Juanson to inhibit himself from handling the case.

He said that Juanson has shown "bias and partiality" during the hearing of his motion for reconsideration when the judge did not allow his lawyer to orally argue the merits of their motion.

Juanson also denied Engaño’s motion to inhibit himself.

"There is not enough basis for the movant (Engaño) to accuse the presiding judge of bias and partiality. To disqualify a judge on the ground of bias and prejudice, the movant must prove the same by clear and convincing evidence" Juanson said. – Jose Rodel Clapano