Sea divers sue guv, senior cop over'unlawful' EO
Four Ilonggo sea divers filed charges against Governor Niel Tupas Sr. and a senior cop following a questioned arrest on purported illegal fishing activity.
Lodged in the governor's hometown, petitioners were sea divers cum fisherfolks Evnar Batobalani, Renato Dela Rama, Rodolfo Navales and Moises de la Rama. The governor is joined by Senior Police Officer 1 (SPO1) Lyndon Catequista as respondents with the case filed before Branch 66 of the 6th Regional Trial Court in Barotac Viejo, Iloilo.
Docketed as case no. 07-630, the petitioners thru counsel, noted Ilonggo-lawyer Roberto Catolico sought declaratory relief, preliminary injunction and damages with prayer for temporary restraining order.
Center of the controversy is Executive Order No. 138 issued by the governor hit by the petitioners as for being contrary to law and the Constitution.
"Respondent Gov. Niel D. Tupas Sr. in issuing an order in the tenor of legislation by "prohibiting" the "use of compressor in all fishing activities" in the Province of Iloilo is usurping the legislative power of the local government unit which is the Sanggunian Panlalawigan or the Sanggunian Bayan in proper cases respectively. The governor has only executive powers and his responsibility is only to enforce a law enacted by his Province or the Municipality under his jurisdiction," excerpts of the Petition as obtained by The News Today (TNT) went. "The respondent governor exceeded his powers by unlawfully arrogating unto himself the legislative powers granted by the Philippine Fisheries Code of 1998 (RA 8850) which is the power of the municipalities…"
Damages were further sought by the divers saying "that due to the unlawful and illegal acts of the respondents by issuing an illegal executive order, and apprehending and detaining herein petitioners in jail, the same caused petitioners shame, moral shock, sleepless nights and physical sufferings to which they should be compensated with moral damages."
And more damages demanded still with the four asserting that "due to the malicious prosecution done by the respondents, the petitioners were forced to hire the services of counsels to defend them in the criminal case and to file this petition in annulling the void, illegal and unjust executive order to which they should be paid of attorney's fees."
Exemplary damages are likewise asked if only to "teach respondents a lesson," the Petition continued, while adding such is only right "so that they will not unjustly enforce the void, illegal and unjust executive order to lowly fishermen and to other fisherfolks similarly situated in the whole Province of Iloilo."