Quezon City Regional Trial Court Judge Modesto Juanson ruled Monday that Engaño’s appointment to the post by Malacañang was null and void, reinstating Alit as head of the bureau. The judge said Engaño does not qualify for the top post of the bureau.
But Engaño’s counsel Plaridel Bohol II, said the appellate court has issued a temporary restraining order against the lower court while a petition for certiorari he filed is pending. His client also issued a memorandum to subordinates to disregard the lower court’s resolution.
Bohol also said Juanson went on with the case despite two earlier motions for a postponement he filed because his client has been taken ill and had to be confined at the University of Sto. Tomas Hospital for a week.
Alit’s camp, meanwhile, asked the regional trial court to order Engaño to immediately vacate the BJMP post.
The TRO against Juanson and Alit was issued by the 11th Division of the CA with Justice Conrado Vasquez Jr. as chairman, and Justice Andres Reyes and Amelita Tolentino as members.
The CA resolution enjoined the judge "from acting and conducting further proceedings" in the case "until further orders from the court." The appellate court has set a hearing on the petition for certiorari on Nov. 7. Bohol said Juanson’s decision will only become final after 15 days, adding that his client is still entitled to a motion for reconsideration. – Romel Bagares