THE court yesterday denied a petition to temporarily stop the operation of towing companies in Cebu City.

Judge Silvestre Maamo Jr. of the Regional Trial Court Branch 17 said in his dismissal of the petition that he did not see any urgent need to issue a temporary restraining order (TRO) against towing operations.

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Maamo said issuing a TRO would be tantamount to pre-judging the case and accepting the complainants’ contention that the operations are illegal. He said this would be a reversal of the burden of proof.

The application for a TRO was filed by Tinago Barangay Councilor Joel Garganera and nine other complainants against Mayor Tomas Osmeña and other City Hall officials.

Jose Neil Nuñez, the lawyer of the complainant, said he still has not received a copy of the order but will study it for legal options.

Civil suit

Garganera and his co-complainants filed a civil suit against Osmeña and six other City Hall officials for alleged violations of the Procurement Reform Act in the city’s towing operations.

Garganera led the filing of the complaint with the RTC and sought a TRO and writ of injunction against One Stop Towing Services and Road Warriors and Motor Services.

Maamo told the complainants that courts avoid issuing a writ of preliminary injunction that disposes of the main case without trial.