THE Regional Trial Court in Urdaneta denied the temporary restraining order petition filed by the mayor and vice mayor of the city as their one-year suspension was already been put into effect, but noted that there was no proper service of the decision in accordance with the Rules of Court, clarifying that posting of the order at the door of the two officials is not appropriate.

Mayor Julio Parayno III said although the RTC denied their petition, they scored a moral victory because the court noted that the serving of their suspension order on January 7, when he was on sick leave, was in violation of due process.

In their petition, the mayor and Vice Mayor Jimmy Parayno asserted that they never received personally or by substituted service the decision of the Office of the President suspending them for one year in accordance with the Rules of  Court because officers of the Department of the Interior and Local Government (DILG) regional and provincial offices “maliciously and malevolently posted copies of the same on the doors of the Offices of the Mayor and Vice Mayor respectively at the Old City Hall”.

In the resolution issued on March 14, RTC Branch 47 Acting Presiding Judge Marlon Bacuno stated the court did not agree with the contention of respondents DILG and its personnel that the subject documents were served by way of substituted service, with no proof that the decision was sent by the Office of the President via registered mail to the respondent public officials or the Orders of suspension of DILG through registered mail.

The court also admonished the DILG respondents, warning that any attempt to implement any suspension order without proper service “would be a violation of the right of due process”.

Meanwhile, despite being restricted by the DILG and the police from entering city hall and its satellite and other offices, Mayor Parayno continues to work from home, where he entertains callers and signs official documents brought to him by city hall employees.

He also presided over the various events during the Urdaneta City anniversary from March 21 -23, and led in the inauguration of the New City Museum, only a few meters away from the city hall whose entry doors are guarded by the police.

Urdaneta City continues to operate normally with City Administrator Randy Parayno, the mayor’s older brother, managing the day-to-day operations. All councilors have declined to serve as either mayor or vice mayor in an acting capacity. (Leonardo Micua)

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