Manila court prevents ouster of Tuquero as PLM president

By: Nathaniel R. Melican - 10 years ago

Retired Justice Artemio Tuquero

MANILA, Philippines–A Manila court has upheld the status quo on the issue of the presidency of Pamantasan ng Lungsod ng Maynila, preventing the ouster of retired justice Artemio Tuquero as the city school’s president.

In an order dated July 30, Judge Liwliwa Hidalgo-Bucu of Manila Regional Trial Court Branch 34 issued a writ of preliminary injunction against the PLM board of regents, led by chair, preventing them from implementing a July 8 resolution that recalled their vote electing Tuquero as university president.

The injunction also prevented the execution of a July 9 letter by Manila Mayor Joseph Estrada, which said he had not yet appointed anyone to the PLM presidency but designated Valdez as acting president.

“The said writ shall take effect upon petitioner’s filing of a bond in the amount of P100,000 conditioned for the payment of damages the adverse party may sustain by reason of this injunction, if the court shall finally decide that petitioner is not entitled thereto,” Bucu’s order said.

Both Tuquero and Valdez on Thursday said they had not yet seen the order but that they had been informed about it.

In the six-page order, Bucu said Tuquero, who insisted that the July 8 resolution was null and void since he was denied due process, was entitled to a preliminary injunction based on the evidence presented in court so far.

“The petitioner has proven that he has an unmistakable right to be protected and, unless a writ of preliminary injunction is issued, grave and irreparable injury will result not only to the petitioner but it would also disrupt the management and operation of the institution,” the order read.

In an earlier interview, Valdez said the board issued the resolution after the Civil Service Commission invalidated Tuquero’s election as PLM president because he did not have an appointment from Estrada, which is mandated by the PLM charter.

However, the court ruled that the CSC decision was not yet final and could not be used as a reason to recall the board’s election of Tuquero.

The court also stressed that due process should have been observed before the board issued the resolution against Tuquero, noting that it was issued in a board meeting “apparently held without notice to all the members of the board.”

“From the foregoing, there is, therefore, a need to maintain the ‘status quo,’ that is, the situation prior to the issuance of the questioned board resolution dated July 8, 2014, pending the determination of the merits of the instant petition,” it said.