29 August 2006

TRO is served!

DARN, I can't access a scanner here at SEAMEO-INNOTECH so I can't upload a scanned copy of the Supreme Court Temporary Restraining Order (TRO) issued yesterday by Chief Justice Artemio V. Panganiban. This leaves me with no choice but to reproduce the essence of his order, which is as follows [with my notes in brackets]:


TO: Hon. Felimon Montenegro, Presiding Judge; Atty. Jesus Mampo, Clerk of Court; Sheriff Jorge B. Lopez, Sheriff IV, Regional Trial Court, Branch 26, Naga City


WHEREAS, a petition for certiorari and prohibition with very urgent motion/application for temporary restraining order was filed by counsels for petitioner [CITY OF NAGA, as represented by Mayor Jesse M. Robredo];

WHEREAS, considering the allegations contained, the issues raised and the arguments adduced in the petition, it is necessary and proper to ISSUE the TEMPORARY RESTRAINING ORDER prayed for and require the respondents to COMMENT on the petition within a NON-EXTENDIBLE period of ten (10) days from notice hereof;

NOW, THEREFORE, You, respondents, are hereby required to COMMENT on the petition within a NON-EXTENDIBLE period of ten (10) days from notice hereof. Meanwhile, a TEMPORARY RESTRAINING ORDER is hereby ISSUED, effective immediately and continuing until further orders from this Court, restraining You, Judge Felimon Montenegro, Clerk of Court Jesus Mampo and Sheriff Jorge B. Lopez, your agents, representatives, or persons acting in your place or stead, from enforcing the

(i) Decision dated June 20, 2005;
(ii) Order dated August 17, 2006;
(iii) Writ of Execution Pending Appeal dated August 22, 2006;
(iv) Notice to Vacate dated August 23, 2006; and
(v) Notice of Garnishment dated August 23, 2006.

No bond need be filed as the petititioner is a government agency.

GIVEN this 28th day of August 2006, in Manila, Philippines.

(Sgd.) ARTEMIO V. PANGANIBAN, Chief Justice


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