The Regional Trial Court has issued a resolution recalling and lifting the temporary restraining order it had earlier granted Bacolod Sangguniang Secretary Nilo Alejandrino, and deniedhis prayer for the issuance of a writ of preliminary injunction.
Alejandrino had filed a petition for certiorari and sought a writ of preliminary injunction last month to restrain or prohibit Vice Mayor Jude Thaddeus Sayson and the investigating committee from proceeding with Administrative cases 011-002 and 011-003.
In his resolution dated March 19, 2011, RTC Presiding Judge Franklin Demonteverde of Branch 44, said it was clearly established that the acts and the decision made by the presiding officer, Sayson and the Investigating Committee composed of Councilors Dindo Ramos, Homer Bais and Roberto Rojas, had already been consummated and considered moot and academic.
Demonteverde also said that these events sought to be prevented by injunction or prohibition have already happened, so nothing more could be enjoined or prohibited.
“It is a universal principle of law that injunction will not be issued to restrain the performance of an act already done. A writ of injunction becomes moot and academic after the act sought to be enjoined has already been consummated,” he said.
Demonteverde added further that an injunction is issued to ensure a party’s rights or interest pending the final judgment and it is not a tool to correct a wrong of the past, the sense of injury already sustained, but to prevent further injury, he said.
During the hearing for the preliminary injunction, it was argued by Sayson, the Investigating Committee and Distrito, that the TRO does not have any effect because nothing needs to be restrained anymore considering that Alejandrino's bid was to stop any further proceeding. In this case, they said, the investigating committee had already made a recommendation, and the disciplining authority had rendered a decision.
The resolution also stated that the request of Alejandrino for a writ of preliminary injunctionis denied because the act sought to be prevented had already been committed, and the respondents correctly argued on it.
Demonteverde directed both parties to simultaneously file their respective memorandum within 15 days from notice, after which period, the case will be submitted for decision.
Alejandrino was meted the penalty of dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service by the Office of the Vice Mayor for the administrative case filed against him by Distrito.*CGS