Arroyo’s plea vs P5.4-M damage suit junked-A A +A
Tuesday, January 1, 2013
MANILA -- The Court of Appeals (CA) dismissed former President Gloria Macapagal Arroyo's petition for temporary restraining order against the P5.4-million damage suit pending before the Quezon City Regional Trial Court.
The CA's 14th Division denied for lack of merit Arroyo's application for the issuance of a temporary restraining order and/or a writ of preliminary injunction.
"In reference to the prayer for the issuance of a TRO…we find no compelling reason for the grant of such extraordinary remedy/ies…" the CA ruling penned by Associate Justice Victoria Isabel Paredes said.
Concurring with the ruling were Associate Justices Japar Dimaampao and Elihu Ybañez.
While the TRO and injunction petition was denied the main case still remains pending.
The case stemmed from the complaint filed by the United Church of Christ in the Philippines for the alleged extrajudicial killings of five protestant church members and the abduction of another one from 2003 to 2006.
The UCCP impleaded Arroyo in her capacity as the then President of the Republic and Commander-in-Chief of the Armed Forces of the Philippines.
The complaint said church pastors and leaders were either liquidated, harassed, unlawfully detained or tortured with impunity, by military agents and operatives who, by law, were then all under the ultimate control and command responsibility of Arroyo.
Representing UCCP as general secretary, Bishop Reuel Norman Marigza joined with six UCCP families as plaintiffs against Arroyo for damages to the church and co-plaintiffs human rights violations victims.
The UCCP said Arroyo and the military agents for whom she was responsible must be held accountable for the injustice they have exacted on the Church and the Filipino people.
The Arroyo camp elevated the case to the CA after the Quezon City RTC denied its motion to dismiss and its motion for reconsideration.
In its ruling, the CA said "the issue raised in petitioner's application is intricately intertwined with the main case[.]"
"[Hence], courts must be cautious in extending such reliefs as this has the unwitting result of passing upon the merits of the main action without trial," the CA added. (PNA)