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Capitol to proceed with P100M loan despite TRO

By Florence F. Hibionada and Erly C. Garcia

'Moot and academic.'

This was how provincial administrator Manuel Mejorada described the Temporary Restraining Order (TRO) issued by the Court on the controversial P100 million loan from the Land Bank of the Philippines.

Mejorada said the resolution has already been unanimously passed so in effect the TRO no longer holds water.

The supposed P100 million loan would be used to procure dump trucks for the province.

Guimbal RTC Judge Teodulo Colada issued the TRO following the petition filed by the Sangguniang Panlalawigan's conscience block, Board Members Manny Gallar (Third District, Iloilo), Macario Napulan (First District, Iloilo), Bernardo Silla (First District, Iloilo) and Licurgo Tirador (Third District). 

'On the basis of the evidence adduced by the petitioners, he/they were able to show and/or established facts entitling them to the relief prayed for without which great and irreparable injury as Board Members duly elected by their respective constituents to safeguard their interests.

Part of that relief prayed for consist of retraining the respondents floor leader Board Member Rodolfo Cabado and the Vice Governor, Roberto Armada to cease and desist from signing the resolution confirming and ratifying the loan agreement entered into by the Province of Iloilo through Governor Niel Tupas and LBP,' excerpts of the TRO went, a copy of which was obtained by The News Today. 

'This court is a Court of law, justice and equity. It has a mandate and sworn duty to perform.  The court is aware that the instant proceedings involves a justifiable controversy and in the exercise of its power of judicial review it has to act on certain matters, such as the case at bar which involves public interest.'

Administration Board Member Domingo Oso, Jr. however called the TRO a 'moro-moro.' He implied that Colada being close to Governor Niel Tupas' nemesis Oscar Garin, now Department of Agriculture Assistant Secretary, is siding with the petitioners.

Docketed as Civil Case no. 300, the matter called for the declaration of nullity, certiorari, prohibition, injunction and restraining order of the P100 million loan. 

In what was to be a reunion of sorts, Gallar was represented in the summary hearing by former Tupas counsel, longtime confidant and former Capitol legal office chief, lawyer Manuel Justiniani.  For the defense, current Capitol legal chief Salvador Cabaluna led the defense team while the Vice Governor was assisted by counsel, Igmedio Prado Jr., former ex-officio member of the Iloilo SP.

Hearing for the Preliminary Injunction is set on the morning of November 9th.

Reached for reaction, Vice Governor Armada told The News Today he will “definitely abide” by the Court’s order while stressing that all previous objections of the conscience bloc were duly noted by the SP body.

No further comment was made by the Vice Governor on the subject.

To recall, the P100 million was identified by the Governor as his topmost priority in an October budget message sent to the SP.  The planned purchase is important, he argued, in order for the Capitol to fast track rehabilitation efforts throughout the province.

Oso decried the TRO and in a speech before hundreds of barangay captains, relayed to the group how much he is trying to comprehend the conscience bloc’s action.

As such, blame them and not us nor the governor, Oso told the group for lack of much-needed repairs in the provincial and barangay road networks.  He went on to include the Vice Governor in said 'lamentation speech' saying he has no idea what provoked 'them' (referring to conscience bloc and the Vice Governor) to do stop the P100 million loan agreement.

This as he also pointed out the need to hasten the planned purchase with the prices of the heavy equipment escalating.