Garcia denies abandoning plea for TRO

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Suspended Cebu Gov. Gwendolyn Garcia reiterates that her suspension is illegal before a crowd of 1,000 supporters who staged a “Freedom March” from Fuente Osmena to the Cebu provincial capitol on Sunday. Photo by Carmel Loise Matus

CEBU CITY, Philippines—The daughter and legal counsel of suspended Cebu Gov. Gwendolyn Garcia claimed that they had not abandoned their plea for the issuance of a temporary restraining order (TRO), contrary to what Associate Justice Vicente Veloso of the Court of Appeals 12th division stated.

“Please note that the application for TRO and the application for preliminary injunction are two separate incidents,” said lawyer Cristina Codilla-Frasco.

“The TRO had already been submitted for resolution on Jan. 10 as declared by Justice Vicente Veloso during the hearing on the TRO. He reiterated this in his written order dated Jan. 22,” said Frasco, who acts as lawyer for her mother.

Frasco said they filed a motion asking for time to reply on the question of the preliminary injunction, not on the TRO.

“For indeed, how could we possibly file a reply on the TRO when the TRO had already been submitted for resolution? To say that we have abandoned our petition for TRO because we seek to file a reply on the injunction is illogical, unjust, and unfair,” she said.

She said Justice Veloso’s resolution makes more evident his “bias and prejudice” against  Garcia.

The CA’s 12th division abandoned any action on Garcia’s plea for a TRO.

Veloso said the appellate court had to forego any ruling on the TRO after Garcia abandoned the plea and was pressing solely for the issuance of a writ of preliminary injunction which would hold while the case of her suspension is pending.

Frasco said they have not formally received the  resolution from the appellate court.

Garcia’s lawyers have filed a motion for the inhibition of Justice Veloso, the chairman of the CA’s 12th division.

Frasco said Veloso demonstrated “undue bias, prejudice, and partiality when he made sweeping statements against Gov. Garcia during the oral arguments of the TRO last month.”

“There has been inordinate delay in the resolution of the application for TRO. The delay in the resolution of the TRO is tainted with political bias seeing that Justice Veloso immediately granted a TRO to Liberal Party member Aga Muhlach on the same day as his hearing while Veloso has delayed and refused to issue a TRO to Garcia of the United Nationalists Alliance,” she said.

The appellate court stopped a Camarines Sur court from implementing a ruling that directed the Election Registration Board to exclude Muhlach and wife Charlene Gonzales from the area’s list of voters.

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  • Pert Cabatana

    like mother, like daughter. Kawawa ang mga husband. 

    • prodigalson60

      TAMA KA 1M%!

  • http://profile.yahoo.com/FQQPZLNOMD2EBFTHSWOP6QGZWY Marshall

    Bwahahahaha..Kahit anong tahol wala na kayong magagawa…

    Pero hot ang dating mo ATTORNEY…

  • Alejandro Canda

    Atty. Francia ayaw patootoo nga maau kang abogada. In fact lumabas na isang kang bobong abogada. Tama naman yung hatol ng CA  dahil wala naman talagang dapat marestrained temporaily. The alleaged acts to be restrained has become moot and academic with the installation of ActingGgov. Magpale who already exercised the powers of a governor. 

  • http://profile.yahoo.com/FQQPZLNOMD2EBFTHSWOP6QGZWY Marshall

    UNA SA ,,,CORAPSYON…

                    PANDARAMBONG…

                    KASIBAAN SA KAPANGYARIHAN AT KAYAMANAN….

                    KATIWALIAN…

                  KAWALANGHIYAAN….

    UNA,….HEADED BY THE THREE PILLARS OF CORRUPTIONS…

  • bogli_anakdami

    inles yata ang tro eh… dapat ang TRO and the application for preliminary injunction should be written in bisdak, waray, bisaya para mas madaling intindihin, di ba?

    kc, ang mga abugagos eh di magkasundo…

    yun lang…

  • jimi_c

    A childish act of a lawyer when she lost the case, she will blame the presiding judge. ANO BA YAN…..This is the kind of people supported by UNA…who disrespect the rule of law and now the decision of CA….What is next…. the Supreme Court….It is better for them to buy an island and governed by Garcia Family. UNA has nothing to loss because Binay and Estrada never won an election in Cebu.  GWEN promised not to leave the Capitol over her dead body., EH ANO NGAYON. 

  • geminimind

    Why do people go after TRO and consider it as a safe haven? is it going to resolve the issue?temporary is temporary not a permanent solution to any problem and yet they consider it as tool to get away with something.

  • mabuhay_si_marKy

    Gwen + UNA = No TRO
    Mulach + LP = TRO

    That’s bad mathematics.  Mulach’s case is not suspension. 

  • bogli_anakdami

    looking at gwen’s side view shot, ganda pala ng pwet ni gwen in skinny jeans ah… 

    sana walang padding… walang sinabi si mommy dionisia, di ba?

    • koolkid_inthehouse

      pang-akit yun sa voters?  ganda nga, kahit political dynasty family.

  • LegalJustice

    Now they want to have Jutice Vincent Veloso to inhibit himself on the TRO and now they are accusing him of being bias – Hahahaha!

    In short Ex-Gov Garcia  wants it  to be: MY WAY OR NO WAY !

  • http://profile.yahoo.com/ERCCN5ANNNF7BEBFMYXR6ALGRU Dan

    where is the infamous “OVER MY DEAD BODY”
    if you cant keep your word, GET THE F*CK OUT
    you are the WORST ANIMAL BEING gwen garcia

  • ApoLapullapu

    Biktima na pod si Gwen sa “weather-weather.”  Anyway, maayo pod nga sundon niya ang Rule of  Law bisag dehado.  Total nakita man sa mga Sugboanon ang dagan.  Ang problema karon sa style sa Administrasyon kay pirming “Condemned Without Trial” ang mga naa sa oposisyon. Ang naa sa Administrasyon bisag hayag pa sa udtong tutok ang ebidensiya, di jud mapasakaan og sumbong.

  • johnvforeighner

    Its a pity Solons is not around, he sold TRO’s for 15 million, hahahaha he is an expert with this, maybe he still has to pay all his legal fees from his corruption trial.

  • disqusted0fu

    It’s tough to go up against an administration who has taken control over the three branches of government. There is a very slim chance of you winning, regardless if you’re right or wrong.

    If you can’t beat them, join them. I guess that’s what the Aquino administration is trying to do that’s why they are making a statement every time someone opposes their will.

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