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Wednesday, December 10, 2003
RTC junks petition vs casino operation
JUDGE Antonio Esteves of the City's Regional Trial Court Branch 5 dismissed Monday a petition for a temporary restraining order on the planned operation of a casino inside Camp John Hay.
In a three-page decision, Esteves said the court found out that there is no extreme urgency to cause the issuance of a TRO, considering that there was no act committed by the councilors to be enjoined or restrained.
Baguio-based lawyers, led by former Youth Sector Rep. Edgar Avila, earlier asked the court to issue a TRO and preliminary injunction on the planned casino operation, saying the passage of Resolution 248-2003 "was passed with apparent haste and without public consultation."
But Esteves ruled that the contested resolution amending condition number 2 of Resolution 362-1994, which provided for a no-casino policy inside John Hay, is simply an _expression of the sentiments of the City Council and it does not prescribe the commission of any acts on the part of the city officials.
Seven councilors voted in favor of Resolution 248-1994, which opened the gate for the planned casino operation inside the former American recreation base.
Esteves added that petitioners failed to show that they stand to suffer grave injustice or irreparable injury if and when the TRO is not issued. "Accordingly, petitioners' prayer for the issuance of TRO is hereby denied."
The judge also noted that only Avila signed the petition out of the 12 petitioners, which he claimed was in violation of the requirements of Section 5, Rule 7 of the 1997 Rules of Procedure and a Supreme Court ruling on the verification and certification against forum shopping.
"Further, petitioners failed to state the legal basis by which their rights to due process were violated when the assailed resolution was passed. Neither have petitioners demonstrated that the instant petition is valid taxpayers suit because the assailed resolution is not a tax measure in that it did not require appropriation or disbursement of public funds."
But it was learned that Avila and the other petitioners already filed a motion to withdraw on December 5 or three days before Esteves's resolution.
Sources said the petitioners filed the motion, saying they would be filing a much stronger case.
Reports also said the Integrated Bar of the Philippines (IBP) Baguio-Benguet will also file a separate petition against the proposed casino operation. Harley F. Palangchao
(December 10, 2003 issue)
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