Thursday, October 04, 2007 RTC gives City 5 days to comment on transport offer By Rhodamae M. Hernandez
THE Regional Trial Court has the City Government of Davao and the interveners five days to comment on the offer of the Pilipino Banana Growers and Exporters Association to provide transportation and accompany court personnel in bringing the case records to the Court of Appeals in Cagayan de Oro City.
In an order, RTC Branch 17 Presiding Judge Renato A. Fuentes said the court has no objection to the request of the PBGEA provided that the respondent City Government of Davao, through the City legal Officer and the respondent interveners through counsel, will indicate their comment within five days from receipt of order.
Fuentes upheld the decision upholding the constitutionality and validity of the aerial spray ordinance last September 22.
Sentro ng Alternatibong Lingap Panligal counsel Raymond Salas, who represented the interveners, said he strongly object to the request of PBGEA and will not allow any short cuts to the process.
"The rules provide that with their filing of the notice of appeal, RTC already lost jurisdiction over the case. It is merely a ministerial duty now of the clerk of court to transmit the records to CA and PBGEA cannot do that personally," lawyer Salas said.
He said the court processes should be free from parties' interference.
"Di sila dapat magmadali, marami pa silang dapat gawin. The clerk of court still need to check on the records and kung may kulang, they have to secure. Kung'yan, ibig ba nilang sabihin di kaya ng court 'yan? They should not interfere," Salas said.
