Sereno issues TRO vs ouster of Imus mayor

MANILA, Philippines - Chief Justice Ma. Lourdes Sereno has used for the first time her power to issue a temporary restraining order (TRO), stopping the Commission on Elections (Comelec) from unseating Imus, Cavite Mayor Emmanuel Maliksi over an election protest filed by his rival in the 2010 polls.

In a two-page order signed by Clerk of Court Enriqueta Vidal last Thursday, the Supreme Court (SC) ordered the Comelec to suspend the implementation of its decision last month declaring Homer Saquilayan as duly elected mayor of Imus after an audit of contested ballots.

The order was based solely on the allegations and arguments raised by Maliksi in his petition for certiorari last month since the Comelec and Saquilayan have yet to file their respective answers until Oct. 19.

The issuance of the TRO was “given by authority of the Honorable Maria Lourdes P.A. Sereno, Chief Justice of the Supreme Court of the Philippines, this 11th day of October 2012, in Manila, Philippines.”

This means Sereno made the decision on her own and without the official approval of the other justices sitting in full court.

Under Rule 58, Section 5 of the Rules of Court, the chief justice has the power to act on cases calling for urgent actions subject to the confirmation of the other justices in their next full-court session.

Records show that the SC justices already tackled Maliksi’s petition in their regular session last Oct. 2 and decided not to act yet on the TRO plea by ordering the respondents to first submit their comments.

The SC justices held another regular session last Tuesday and still no action was made on the injunction relief sought by Maliksi. Two days later, Sereno issued the TRO.