Monday, March 31, 2008 Guv, PB to settle quarry ordinance issue in open meet By Marna H. Dagumboy
CITY OF SAN FERNANDO -- Regional Trial Court (RTC) Branch 41 Judge Divina Luz Aquino-Simbulan has asked Governor Eddie Panlilio and the Provincial Board (PB) headed by Vice Governor Joseller Guiao to settle their differences with regards to Ordinance 176 in an open conference.
Simbulan made the appeal after inhibiting herself from hearing the case on the local measure, saying she had been an awardee in the Provincial Government's 2007 Most Outstanding Kapampangan Award for judicial service.
Her recommendation was warmly welcomed both by Panlilio on the one hand and Guiao and the PB members on the other, who agreed to face each other in a non-court hearing type of conference to be mediated by the judge.
Simbulan's decision to inhibit herself from hearing the case on the controversial quarry ordinance is seen as an exercise of sound discretion and prudence and her way of preventing "any possible suspicion of bias and partiality so that the impartiality of the judiciary would be preserved."
Earlier, Panlilio filed a petition for certiorari before the RTC with prayer for preliminary injunction and temporary restraining order (TRO) against Ordinance 176.
The governor made the move following the dismissal by the Department of Justice (DOJ) and the Court of Appeals (CA) of the cases he earlier filed to contest the legality of the quarry ordinance.
Panlilio, through lead lawyer Charlie Yalung, filed the petition to prevent the implementation of Ordinance 176, which he described as unconstitutional and illegal.
Among the respondents in the case are DOJ Secretary Raul Gonzalez Sr., and the PB members.
The governor said the PB did not follow the mandatory requirements of public hearing.
He said Ordinance 176 is "void for granting powers for the municipal mayors."
However, Guiao described Panlilio's move as "another delaying tactics on the implementation of Ordinance 176."
