Makati Court junks TRO on P683M Capitol loan
ROXAS CITY – Regional Trial Court (RTC), Branch 65, Makati City has denied the application for a temporary restraining order (TRO) and the motion for summary dismissal relative to the civil case filed against the P683 million proposed loan of the Capiz provincial capitol.
The resolution was penned down by Presiding Judge Edgardo M. Caldona for the civil case entitled: Franciso Alba, Ceferino Patino, Charles Escolin and Florencio Martinez vs. Philippines Veteran’s Bank, represented by Ricardo Balido, and the province of Capiz represented by Victor Tanco, Sr., governor of Capiz in Civil Case NO. 10-145 for Prohibition with Prayer for Temporary Restraining Order and Preliminary Injunction.
The Court said that the petitioners who filed on February 10, 2010 were able to secure a TRO within 24 hours granted by Makati RTC as the court found there was an urgency of the matter.
It stated that the respondents through lawyer filed motion for consolidation on February 16, 2010 since there is an existing similar case filed by Board Member Gilbert Ardivilla which is being heard at the RTC, Branch 19, Roxas City.
Court cited Section 1. Consolidation, when actions involving a common question of law or fact before the court, it may order a joint hearing or trial of any or all the matters in issue in the section; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs of delay.
So, too are the motion for summary dismissal of the petition and the opposition to the application of TRO and/or Writ of Preliminary Injunction both filed by respondent of province of Capiz through counsel.
“At any rate, the court believes that the foregoing observations, thought these may be suspicion, could not fully establish a clear existing of a willfull and deliberate violation on shopping forum as to warrant the summary dismissal of the instant petition,” court said
The said resolution was forwarded to the RTC, Branch 19, in Roxas where the similar case is being heard.
