Court junks plea for preliminary injunction vs Labella
CEBU CITY, Philippines — A trial court judge in Cebu City has denied the plea for the issuance of a preliminary injunction against the termination of former members of the board of the Metropolitan Cebu Water District (MCWD).
Lawyer Ralph Sevilla, Cecilia Adlawan, and former councilor Augustus Pe Jr. argued that Mayor Edgardo Labella lacked the authority to have them replaced.
However, Judge Merlo Bagano of Branch 14 of the Regional Trial Court in Cebu City ruled that the petition lacked legal and factual basis.
“To grant the injunction would force this court to prematurely nullify the notice of termination by Mayor Edgardo Labella, and ultimately his power or lack thereof, to remove members of the BOD (board of directors),” Bagano said in a two-page order dated June 30, 2021.
Lawyer Rey Gealon, Cebu City’s legal officer, welcomed the ruling.
“The Honorable Court’s subsequent denial for issuance of a writ of preliminary injunction goes to show that the Honorable Mayor’s actions are within the due bounds of law,” he said.
“It is now and clear and categorical that indeed there is no factual or legal bases for the issuance of the writ prayed for,” Gealon added. / dcb
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