Judge Juan Nabong of Manila RTC Branch 32 issued the order during the hearing on the case last Friday after Barbers failed to appear for the scheduled hearing, which was attended by his lawyers.
In explaining his failure to comply with the court’s order, Barbers’ lawyers said their client flew to Cebu to be with the advance party of Tourism Secretary Richard Gordon, who was due to arrive in the said city.
During the hearing on Friday, the two parties were restrained from doing any action in relation to the formal charges filed by Barbers against the PTA employees for a period of 20 days.
In the same hearing, Nabong ordered the lawyers of Barbers to inform the court within the same 20-day period the exact date that their client will be available to appear personally.
The 10 PTA employees have accused Barbers of violating their constitutional right to due process when he acted with undue haste, partiality and vindictiveness when he charged them with gross insubordination earlier this month without the benefit of a preliminary investigation.
Barbers’ action against the 10 PTA employees have resulted in the holding in abeyance the release of their anniversary bonus and performance incentive benefits that were given by the Department of Tourism to its employees last May 9.
In their complaint, the employees petitioned the court for a prohibition mandamus and the issuance of a temporary restraining order and preliminary injunction against Barbers and other PTA officials named in the charge sheet.
Barbers’ controversial forced take over of the post from Nixon Kua is reportedly causing demoralization among the ranks of PTA employees particularly those who want to see the PTA charter respected as far as the appointment of the GM position is concerned.
The PTA charter stipulates that the appointed GM of the agency should serve a fixed six-year term.
Aside from the case filed by the 10 employees, another set of 27 employees filed a P1 million damage suit against him for actual, moral and exemplary damages when he illegally terminated their services without due cause, including administrative and criminals charges at the office of the Ombudsman.
Kua himself has filed a quo warranto case before the Court of Appeals questioning the legality of Barbers appointment. The case has been submitted for decision last March.