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Sunday, October 31, 2004
Judge issues status quo order on measures
By Lizanilla J. Amarga
REGIONAL Trial Court (RTC) Branch 20 Judge Gregorio Pantanosas issued Friday a five-day status quo order to determine whether or not the two City Council resolutions suspending and reprimanding opposition Councilor Zaldy Ocon have already taken effect.
"There will be no movement, no nothing whatsoever within these five days," he told the two contending parties in his sala at the Regional Trial Court Branch 20.
After determining whether the resolutions have already taken effect, Pantanosas said he would then weigh the pros and cons on whether to grant the 20-day temporary restraining order (TRO) as prayed for by Ocon in his petition.
The judge said he would call the case again next Friday morning. Pantanosas also required the administration officials to explain why they were late in coming to the hearing supposedly scheduled on 9:00 a.m. Friday.
In response, Vice Mayor Tagarda-Spiers explained they attended to some critical official business.
Meanwhile, the lawyer for the administration officials Alejandro Pallugna said there is a certificate showing that Ocon received the two resolutions.
He said the first resolution covered Ocon's suspension and the other on his censure last Oct. 19.
"The status quo issued by Judge Pantanosas means the two council resolutions are still in effect as it is already received by Ocon until the injunction sought by Ocon is granted by the court," he said.
Pallugna said if the court determines that the two resolutions are already in effect then there won't be anything to retrain and there is no need for a TRO.
"There will be nothing for the court to restrain ilang petition dili klaro kanusa (it's not known when it will take) effect," he said.
Pallugna said as far as they are concerned the two resolutions took effect upon Ocon's receipt of the copies. "Whether the statement that it is effective upon receipt is contained in the whereases or wherefores...the resolutions should be taken as a whole...It's status quo padayon ang suspension ni (the suspension continues on) Ocon until the the court lifts it," he said.
Pallugna explained the court has to rule on the issue on whether it has jurisdiction to hear Ocon's case.
He said the second issue the court has to determine is whether the suspension was issued without due process and what constitutes due process.
(October 30, 2004 issue)
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