MANILA, Philippines - The Court of Appeals (CA) has abandoned any action on the plea for a temporary restraining order (TRO) filed by Cebu Gov. Gwen Garcia on her suspension by Malacanan.
In a 3-page Resolution dated Jan. 31 penned by Associate Justice Vicente Veloso, the appellate court's 12th Division ruled that it has to forego any ruling on the TRO plea, pointing out that Garcia herself had abandoned such a plea since a TRO will only last for 60 days.
The appellate court stressed that Garcia admitted she is instead bent on convincing the court to issue a writ of preliminary injunction which has an indefinite period of effectivity.
"Noting that petitioner, in submitting to us now the issue of '(a) whether or not a preliminary injunction should be issued' has already abandoned her prayer for the issuance of a temporary restraining order/status quo ante order, the Court deems it best to no longer rule on said incident of TRO/Status Quo Ante Order," the resolution read.
Garcia's motion to file a reply to the comment filed by the Office of the Solicitor General (OSG), representing Malacanan, was, meantime, granted. She was given until Feb. 1 to file her reply.
With this, the case will be deemed submitted for resolution on its merits after Feb. 1.
"[T]his case... submitted for decision after February 1, 2013, with or without petitioner's reply to comment," the resolution read.
Garcia went to the appellate court in an effort to stop a Malacanan-issued 6-month suspension in connection with an administrative case in 2010 filed by former Cebu Gov. Gregorio Sanchez Jr., who accused Garcia of alleged usurpation of authority and cutting the budget of his office.
Garcia, a member of the United Nationalist Alliance of Vice-President Jejomar Binay and former Pres. Joseph Estrada, has lashed back at the Palace, claiming her suspension smacked of politics.
A 3rd termer as Cebu chief executive, Garcia is running for Cebu 2nd district representative in the midterm polls to replace her brother, PJ.