Barbers' lawyer on budget-battle: 'Fight far from over'
The Court may not have granted the Temporary Restraining Order (TRO) sought on the controversial Capitol budget yet for the petitioner, the battle continues.
As such, eagerly awaited now is the result of the review currently underway at the Department of Budget and Management (DBM) here. And should it be declared operative, for lawyer Eduardo Jalbuna, his client Rex Barbers will certainly "weigh" his other options.
"At present, admittedly it is very limited," Jalbuna began in a The News Today (TNT) interview yesterday. "But we maintain our stand that the budget as contained in Appropriation Ordinance (No. 2008-01-A) is very defective. We were not granted the TRO but it does not mean that said Ordinance is perfectly legal."
Barbers through said counsel hurled Governor Niel Tupas Sr. and entire members of the 9th Iloilo Sanggunian Panlalawigan (SP) to Court days after the SP in a legislative action chose to override the governor's veto.
Calling it a "pro-people Order," Vice Governor Rolex Suplico as presiding chair hailed the Court's denial of the TRO request.
Meantime insinuations persist that Barbers was merely used as a "pawn" by the governor in his fight against the SP body.
Jalbuna was quick on his rebuttal saying his client even deserves to be called a hero.
"Despite his physical disability, he took it upon himself to correct the infirmities of the Appropriation Ordinance. That is heroic for Mr. Barbers. Plus it must be clarified that anyone, even an ordinary person can do that – put up a challenge like what we did," he said.
Special Civil Action No. 2008-639 named Barbers as sole petitioner. His prayer for the TRO was anchored on the supposed damage to his plight being physically handicapped.
The Court ruled otherwise where in a three-paged Order, Judge Daniel Antonio Gerardo Amular, Assisting Judge of the Branch 66, 6th Regional Trial Court in Barotac Viejo averred how the petitioner failed to establish "his clear right to the peremptory extraordinary remedy of preliminary injunction….."
"I laud the RTC of Barotac Viejo for the pro-people order. This is a confirmation that indeed the Sangguniang Panlalawigan is not a rubber stamp sangguniang," Vice Governor Suplico said.
Same sentiments shared by First District Board Members Richard Garin and Macario Napulan and Ex-officio Board Member Celia Colada.
"It was a very just and appropriate decision..one that we were confident because we know that what we were standing on and pushing for are within the bounds of law," Garin said.
Colada for her part said she hopes that with the TRO denial the issue will finally be resolved and the province can move on.
Meantime for Board Member Napulan, the petition as filed seemed to have been "haphazardly done."
"In my opinion, it was really not very well prepared. Nevertheless, all we want though is for the Appropriation Ordinance to be in order and that's what we did in the Provincial Board. We did not cause for anybody to have difficulty in availing the delivery of basic services. Again all we did was to fix the Appropriation Ordinance," Napulan added.
With the denial of the TRO, Suplico insists anew that the Capitol Budget as amended by the SP is operative.
Judge Amular in denying the TRO further explained the requisites needed for a Writ of Injunction to be granted.
First, the right of the petitioner must be clear and unmistakable. Second, the invasion of the right sought to be protected is material and substantial and third, there is an urgent and paramount necessity for the writ to prevent serious damage.
"The grounds cited by the petitioner in support of his application for temporary restraining order do not convince this court of his clear positive right which should be protected. At most, the allegations of the petitioner maybe considered as contingent, abstract or future rights. No serious damage sought to be prevented was established," Judge Amular said.