Quantcast
Latest Stories

Court of Appeals won’t issue TRO for Gwen Garcia

By ,
,

Suspended Cebu Gov Gwen Garcia. CDN PHOTO

MANILA, Philippines—The Court of Appeals (CA) will no longer issue a temporary restraining order (TRO) being sought by Cebu Governor Gwendolyn “Gwen” Garcia against her suspension by Malacañang.

In a three-age resolution issued Thursday, the appellate court’s 12th Division noted that Garcia had admitted she was abandoning her plea for a TRO, which would last only 60 days, and would instead focus on the issuance of a preliminary injunction, which would stop the suspension while the case is being heard.

“[I]n the interest of justice, and to expedite the disposition of the parties’ dispute, the court resolves to forgo any ruling on the incident of TRO /status quo ante order,” the ruling, penned by Justice Vicente Veloso, stated.

The appellate court gave Garcia’s camp until Friday to file her reply to the comment of the Office of the Solicitor General which defended the suspension.

With or without the reply, the case would be submitted for decision, the court said.

The suspension order stemmed from an administrative suit filed by the late Cebu vice governor Gregorio Sanchez Jr., who accused Garcia of usurpation of authority and cutting the budget of his office.

‘Two separate incidents’

Garcia’s camp, however, denied abandoning their plea for the issuance of a TRO as claimed by Justice Veloso.

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

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

Frasco said they had filed a motion asking for time to reply on 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 recent resolution makes more evident his “bias and prejudice” against Gov. Garcia.

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

Garcia’s lawyers instead filed a motion for the inhibition of Justice Velasco, who chairs the CA’s 12th division, saying Veloso demonstrated “undue bias, prejudice, and partiality when he made sweeping statements against Gov. Garcia during the oral arguments of the TRO last month.”

Inordinate delay

“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 had 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.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Cebu , Court of Appeals , Gwen Garcia , Gwendolyn Garcia , Philippine politics , suspension order




To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. US teacher fired over comment on black president
  2. Enrile chief aide back in PH ‘to face charges’
  3. Filipinos, Dane re-enact crucifixion of Christ
  4. Magnitude-7.5 earthquake shakes Mexican capital
  5. Henares on Pacquiao bashing: I did not start this
  6. ‘No real progress in PH if dynasties not dismantled’
  7. Massive infra spending set
  8. More legal woes for Cedric Lee
  9. Easter crucifixions draw huge crowds
  10. Korea ferry captain arrested, divers spot bodies
  1. Kim Henares needs a reprimand, says Cayetano
  2. Suspect in Vhong Navarro mauling tries to leave PH
  3. More legal woes for Cedric Lee
  4. ‘No real progress in PH if dynasties not dismantled’
  5. ‘Mom, I love you,’ says text from student on sinking ferry
  6. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  7. Enrile chief aide back in PH ‘to face charges’
  8. Massive infra spending set
  9. Henares on Pacquiao bashing: I did not start this
  10. I’ll follow my conscience on Estrada, says JV Ejercito
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
  8. Cudia, dismissed for lying, got 99% in conduct
  9. Model Helena Belmonte wished ‘to slash her wrist and hope to die’
  10. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
Advertisement

News

  • Holy fire ceremony draws thousands in Jerusalem
  • Tanchanco, former NFA head; 83
  • Pope seeks to bring faith to ‘ends of the Earth’
  • Meteor shower to light up PH skies
  • Positive in UAE, returning Filipino nurse tests negative
  • Sports

  • Pacquiao top Mayweather contender
  • Rain or Shine, Ginebra clash for No. 6 spot
  • Ateneo eyes quarterfinal spot vs Benilde
  • Style contrast marks OneFC ‘Rise of Heroes’
  • ‘Pacquiao a great ambassador for basketball’
  • Lifestyle

  • Noli Yamsuan, Cardinal Sin’s ‘official’ photographer: ‘I could smell the aftershave lotion of the Pope’
  • Simplifying and lightening life
  • Where to go for Easter night-out
  • Joe de Venecia visits the Queen Mother of Cambodia
  • Fashionistas flock to designer’s wedding
  • Entertainment

  • Why ‘Noah’ can’t dock his ark at Philippine theaters
  • Acclaimed artist goes wild while on holiday
  • Believing in this mermaid
  • Missing Xian
  • Awarded TV couple brings Jesus’ life to the big screen
  • Business

  • Top-selling insurance agent opens her dream café
  • Connecting and transacting with one another
  • Building wealth for health
  • Why Mandaue Foam buys, rather than rents, space
  • A workplace of new possibilities
  • Technology

  • Nasa’s moon-orbiting robot crashes down
  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Opinion

  • Epiphany
  • Unpaid creditor vs distressed debtor
  • Moving on
  • From culinary desert to paradise
  • Response to China: ‘Usjaphil’
  • Global Nation

  • Asia seeks Obama’s assurance in territorial spats
  • Cesar Chavez movie sparks memories of Fil-Am labor leaders
  • Filipinos in US poised for success
  • Visas for priests and other faith leaders
  • DOH to continue tracking co-passengers of OFW infected with MERS virus
  • Marketplace
    Advertisement