Court denies TRO bid of radio blocktimer-A A +A
Wednesday, January 2, 2013
A REGIONAL trial court (RTC) denied a radio blocktimer’s application of a temporary restraining order (TRO) filed against City Government officials in declaring Iloilo City under a state of calamity due to water shortage.
RTC Judge Gloria Madero of Branch 29 denied the application of Lazaro D. Borongan, a freelance radio announcer and commentator, filed against Iloilo City Mayor Jed Patrick Mabilog and all members of the City Council in the passage of Resolution No. 2012-1432, which placed the city under a state of calamity due to “water crisis/shortage.”
Borongan said in the pursuant to the provision of the Rules and Regulation implementing RA 8185, Mabilog entered into contracts with private companies or persons to supply water the various barangays without any legal appropriation or any public bidding.
Borongan argued the City Council resolution is a confusing and misleading piece of legislation and hence, null and void ab initio.
However, the Court said the complainant’s main purpose is to enjoin the respondent mayor from appropriating, disbursing, using and spending the calamity fund of the city based on an alleged defective resolution.
The Court said there was no documentary evidence presented to the stand of the complainant and no contract was appended to the application of a TRO to prove that money was ever disbursed from any calamity fund.