BACOLOD

Court denies TRO vs Leo Rey Yanson



REGIONAL Trial Court acting Presiding judge Eduardo Sayson of branch 53, issued an official order denying the application for a temporary restraining order (TRO) filed by lawyer Philip Sigfrid Fortun in collaboration with Atty. Sheila C. Sison, representing the four siblings Roy, Emily, Ma. Lourdes Celina and Ricardo, Jr.

Judge Sayson stated in his order dated July 19, 2019 that the TRO was denied considering that ex-parte 72-hour TRO is within the authority of the executive judge and the same is not issued.

Furthermore, under the interim Rules of Procedure governing intra-corporate controversies, injunction or TRO or status quo order should always be de-parte.

Rule 10 thereof provides that no TRO or status quo order shall be issued and in exceptional case, it shall issue only after hearing the parties and the posting of bond.

Atty. Norman Golez, representing Leo Rey Yanson, moved for the dismissal of this case on the ground of forum shopping, unfair labor practice and defective certificate of forum shopping.

The court ruled that the independent civil action for injunction filed by the four siblings’ instant case after praying the appropriate docket fee is sufficient in form and substance.

Atty. Fortun proceeded with the presentation of the petitioner’s first witness in the person of Joelito Sumaque. Atty. Golez cross-examined the witness, re-direct questions were asked. After the witness completed his testimony, he was excused from the witness stand.

The judge has set the joint hearing of this case with the commercial court case No. 19-118 on July 26, 2019, 2:30 p.m.


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