THE camp of suspended Patag Barangay Chairman Benedicto Fabricante is puzzled over what appeared to be a slip-up in the delivery of court summons, to which City Hall lawyers justified the absence of officials being subpoenaed last Friday.

Mayor Constantino Jaraula and the pro-administration members of the blue-ribbon committee of the City Council were named respondents in the injunction plea filed by Fabricante. Jaraula signed the 90-day preventive suspension against Fabricante late last month after the administration-controlled blue-ribbon committee recommended it.

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City Legal Officer Mary Ann Enteria said the respondent public officials had not received any court summons for the scheduled October 23 “clarificatory” hearing.

Lawyer Mariano Carrasco, Fabricante’s counsel, said they were all a complete loss with the alibi.
“We really thought copies the subpoena was furnished to all parties involved. How come nga kami lang ang gipadalhan?” Carrasco said.

But was there any summon delivered in the first place?

Carrasco said ensuing queries showed that the Clerk of Court of the Regional Trial Court Branch 24 did not furnish Jaraula and others with the subpoena. Court employees had no immediate comment why and how this happened.

The summons were served right there and then at the hearing.

Meanwhile, Fabricante’s camp expressed apprehension over the proposal of Branch 24 presiding Judge Solaiman Macatoon to forego with the hearing of the TRO, and instead proceed with the petition for injunction—the main case.

Carrasco, however, insisted that their petition for TRO be heard considering the urgency of their motion.

“The judge is supposed to conduct speedy hearing for our petition of TRO because it is an immediate need, for the sake of the people of Barangay Patag,” the lawyer said.

Despite this, Carrasco said he still expects an impartial trial.

Fabricante was suspended for grave abuse of discretion and falsification of public documents—charges that the barangay official denied. He said his suspension was politically-motivated, and that he was being singled out because he is identified with the political opposition.