MANGALDAN—The presiding judge of Regional Trial Court Branch 40 in Dagupan City stopped the preventive suspension of a barangay chairman and kagawad of this town ordered by the mayor when it issued a temporary restraining order (TRO) for 20 days.

In a two-page order penned by Presiding Judge Mervin Jovito Samadan dated Sept. 24, 2014, it also ordered Sangguniang Bayan here “to cease and desist from conducting further proceedings in Administrative Case No. 1-2014” issued  against Poblacion Barangay Captain Joselito Quinto and Barangay Kagawad Milina Morillo.

Quinto and Morillo filed a civil action for prohibition/injunction with prayer for the issuance of a status quo ante order against Mayor Bona Fe de Vera Parayno, et al seeking the issuance of a TRO on the mayor’s issuance of a preventive suspension order.

The court directed them to file their respective memoranda simultaneously within 10 days from Sept. 24.

Quinto and Morillo’s administrative charge before the Sangguniang Bayan emanated from their issuance of business permits with corresponding fees for establishments even without an approved barangay ordinance in Poblacion.

The local government unit thru the mayor claimed it is no longer within the duo’s jurisdiction to issue such permits and therefore exacting fees from those issued with business permits was illegal.

Their preventive suspension order was supposed to take effect last week but the respondents refused to accept it. Thus, during the hearing on the application for status quo ante order/TRO, the Court noted that petitioners failed to present a copy of the alleged preventive suspension order.

“Clearly no preventive suspension order was ever issued against the petitioners. Accordingly, Barangay Kagawad Naomi Y. Fabia cannot also assume yet as Acting Barangay Captain of Poblacion, Mangaldan, Pangasinan,” the order also said. (Tita Roces)

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