New SP majority continues session, reads out RTC ruling
MINORITY COUNCILORS STAGE ANOTHER WALKOUT
THE new minority in the Dagupan Sangguniang Panlungsod (SP) walked out anew shortly after two read their written manifestation without tackling any item listed in the agenda of the November 26 session.
But since the session was not adjourned by Acting Vice Mayor and presiding officer Librada Reyna, the new majority continued with the session with Councilor Jeslito Seen as acting presiding officer.
The five-man majority composed of Councilors Michael Fernandez, Dennis Canto, Marcelino Fernandez, Bradley Benavides, and Seen eventually adjourned after Acting SP Secretary Rita Palaganas read in full the November 11, 2024 decision of Regional Trial Court Judge Michael Paul Israel of Branch 76 in Special Civil Action No. 2023-0008-D, which is a petition for Declaratory Relief with Prayer for Injunction and Temporary Restraining Order against the passage of the 2023 budget.
Councilor Michael Fernandez, the acting majority floor leader, said the minority group composed of Councilors Reyna, Marilou Fernandez, Alvin Coquia and Celia Lim refused to hear the RTC decision denying their petition for lack of merit.
In his decision, Israel pointed out that in declaratory relief, there must be an actual justiciable controversy or the ripening seeds of one between persons whose interest are adverse, saying “a petition for declaratory relief cannot be used to get an advisory opinion from the court.”
Councilor Fernandez said this was the third case filed by the petitioners against the same respondents — the first was a prayer for the issuance for a temporary restraining order, which was denied by the court on January 12, 2024, and the second was a prayer for injunction, which was also denied by the same judge on April 18, 2024.
After his manifestation, Fernandez moved for adjournment as their number of five councilors was not enough to pass the items on the agenda, which included two proposed ordinances and one proposed resolution. (Leonardo Micua)
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