Court junks EDC's motion to dismiss
BACOLOD CITY -- Regional Trial Court (RTC) branch 44 Judge Rodney Bolunia has denied the motion to dismiss filed by Energy Development Corp. (EDC) counsel Atty. Alexis Jacoba against the the proceeding on the temporary restraining order and preliminary injunction relative to the Northern Negros Geothermal Plant (NNGP) project.
Judge Bolunia denied the motion because there was an urgent constitutional question.
Jacoba in filing the motion cited RA 8975 which states that government infrastructure must be continued without delay.
He said NNGP is a joint project of the EDC and Department of Energy, thus it is considered a government project.
Jacoba said they will immediately file a motion for reconsideration.
Meanwhile, the hearing on the temporary restraining order and preliminary injunction was reset on Nov. 7, 18 and Dec. 17, 2008.
Judge Bolunia said the reason for the re-scheduling was the non-receipt of the position or comment by the petitioners filed by the respondents.
Atty. Thomas Laragan, Assistant Solicitor who represented DENR Sec. Lito Atienza said, "we were supposed to present our witness in yesterday's hearing. But the Judge said he cannot proceed with the hearing considering that he has not yet ruled on the formal offer made by the counsel for the petitioners. We were very much ready to present our witness to establish our strong opposition to the application for a TRO filed by the petitioner."
Moreover, Laragan noted that Judge Bolunia will retire on Nov. 4. There will be another Judge who will handle this case, he said.
Laragan said that evidence was already presented to include testimonial and documentary evidences which became part of records. Even if another judge will hear the case, these things will all be considered because they all form part of the records of the case.