Engaño appeals ruling

A Quezon City Regional Trial Court judge was asked yesterday to set aside its decision declaring null and void the appointment of Senior Superintendent Josue Engaño as chief of the Bureau of Jail Management and Penology because it suffers from serious procedural and substantial defects.

The court action was sought by Engaño, through lawyer Mel "Batas" Mauricio, even as he filed a supplement to the motion for reconsideration with opposition to the motion for issuance of prohibitory and mandatory injunction earlier filed by petitioner Chief Superintendent Arturo Alit. Mauricio, Engaño’s new counsel, pointed out that the decision rendered by Judge Modesto Juanson suffers from serious flaws because Alit, former BJMP officer-in-charge, has no legal personality to file the quo warranto petition.

He pointed out that under established jurisprudence, persons holding designations as acting chief and officer-in-charge have no right to avail of a quo warranto petition.