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Saturday, December 13, 2003
No ruling yet for GAFH's petition for TRO
By Jay Dooma Balnig
THE Regional Trial Court (RTC) has yet to rule on the petition for the issuance of a 20-day temporary restraining order (TRO) sought by the management of the controversial Gegato-Abecia Funeral Homes Inc. in Alta Tierra Village in Jaro.
After a summary hearing which lasted until 5:30 p.m. Friday, Judge Yolanda Panaguiton-Gaviņo of Branch 34 told both parties that the case is submitted for decision even as the 72-hour TRO issued by Judge Rene Honrado of Branch 29 already expired Friday.
GAFH, represented by its counsel, Ade Fajardo, earlier sought a TRO with inhibition and injunction before the court.
This was after the Environmental Management Bureau-Department of Environment and Natural Resources (EMB-DENR) slapped his client a Cease and Desist Order (CDO) and the City Government, a Notice for Revocation of Permit for its failure to secure an Environmental Compliance Certificate (ECC).
Respondents are Samson Guillergan, regional director of the Environmental Management Bureau, Iloilo City Mayor Jerry Treņas and Florencio Yap, vice chairman of the Alta Tierra Village Homeowners Association Inc. (Athai).
According to GAFH, their "complaint ascribe grave abuse of discretion, amounting to lack of jurisdiction, against the herein below named public defendants, in confabulation with the private defendant, for oppresive and illegal acts against the plaintiff, in violation of its rights under the law and the Philippine Constitution."
GAFH has been operating since March based solely on a mandamus issued by Honrado ordering the City Government to issue a business permit to the funeral establishment.
The 10-day deadline set by the City Government for GAFH to present an (ECC) ends today but City Legal Office's Mila Hechanova said there will be no closure until Monday.
During the hearing Friday, complainant presented GAFH attorney-in-fact Daniel Fajardo and operations manager Ellen Villanueva as witnesses. DENR presented Engineer Yvonne Faldas.
Yap is represented by his counsel Fortunato Padilla.
(December 13, 2003 issue)
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