By Felix ‘Boy’ Espineda, Jr.
SORSOGON CITY (BicolToday.com/13-Nov-2012) – The tax payers suit filed at RTC Branch 65 for declaratory relief and application for injunction and temporary restraining order by Romeo Valeriano, Andres Porras, and Antonio Boncan against Bulan town Mayor Helen de Castro, Emelda Navarro of Philippine Postal Savings Bank Sorsogon and eight incumbent Sangguniang Bayan members who approved the fifteen million loan is in status quo after Judge Adolfo Fajardo ordered the parties to submit their comments, position paper within ten days from yesterday to warrant issuance of a temporary restraining order.
The anticipated heated arguments did not materialize though the counsel of the respondents argued that declaratory relief is not a course of action since there is no anticipatory action for the loan was already consummated but was countered by the plaintiff’s lawyer that it should not be confused that the request for an issuance of a temporary restraining order was pertaining to the constitutional rights of his clients as taxpayers, hence the suit, which the Court likewise stated that this is a tax payers suit.
Atty. Joven Laura made it recorded that there is no guarantee within the period that the bank will not release the loan LGU Bulan which the Court replied that there are legal remedies which the counsel of the plaintiffs can resort.
The counsel for the bank started with the line posited by Atty.Antonio Huab. When asked by the Court to give guarantee that the loan should not be released until such time that the court determines either to issue a temporary restraining order or not, the lady lawyer said that such decision is not within her domain to guarantee.
Before the start of the trial, Atty. Huab, acting as counsel of the respondent public officials intimated to this writer that he will argue for the case dismissal since the contract was already perfected. But during the oral arguments, the court did not grant his motion to dismiss the civil suit.
The parties to the case arrived early which was an indication who are allies. The respondents looking for a clean cut ending of the suit yesterday were beaming in confidence while the plaintiff looking compose and confident that they will secure the temporary restraining order were seated separated by the courtroom aisle. No words were exchange by the two camps.
When interviewed the lady town executive said that their group is confident that a temporary restraining order is not forthcoming since their action is legal. [BicolToday.com]
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