NAGA CITY | RTC issues TRO vs. City Hall over Tato Mendoza's musical party


NAGA CITY (Bicol Standard)--The Executive Judge of the Regional Trial Court in Naga City Erwin Virgilio P. Ferrer of Branch 20 has issued a 72-hour ex parte temporary restraining order against the City Government of Naga from cancelling and revoking a permit to hold a musical party at Plaza Quezon from 5 p.m. of March 28 to 2 a.m. of March 29.

Said permit, which was issued in favor of Roger M. Palacio II, was approved on March 19, 2019, after he paid the amount of P2,250.00 for the use of said plaza.

The Order from the Office of the Executive Judge, narrated that on March 27, Palacio was informed by Nora F. Saniel, Administrative Assistant V of the Office of the City Mayor, that the permit for the said activity was to be cancelled or revoked "for no clear reasons," and that an official letter would follow.

Palacio added that on the same date he received a notice from the City Legal Officer of said termination on the ground that said event "was a political rally interspersed with music from local bands and that the intended day is the day before the COMELEC-mandated start of the campaign period for local candidates."

The city government explained that "it would not like to be accused of conspiring in premature campaigning for issuing the permit."

Palacio maintained that the act of the city in cancelling and revoking the issued permit was "arbitrary, oppressive, and capricious and unless prohibited or immediately restrained through the issuance of a 72-hour Temporary Restraining Order, and eventually a writ of preliminary injunction while the case is being heard, shall cause grave injustice and irreparable damage and injury" upon him.

Likewise, he argued that all the preparations and expenses had already been made, and the event had been announced to the public.

The RTC said that upon judicious scrutiny of the allegations and the application for a 72-hour TRO, it found extreme urgency in this case and in order to obviate grave injustice and irreparable injury to plaintiff Palacio, it prohibited the city government from cancelling and revoking the permit.

It also ordered the city government to desist or is prohibited from interfering from said activity.

Reports said that the city government decided to cancel or revoke the permit when it learned that mayoralty candidate Tato Mendoza was invited to attend said musical party.

Mendoza is the strongest political opponent of Vice Mayor Nelson Legacion, who is also running for mayor and is supported by incumbent city officials.

Meantime, the same order directed the City Government to appear on April 1, 2019 and show cause why the writ prayed for should not be granted.