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Dumaguete City, Philippines Tuesday, March 21, 2017
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Judge dismisses case
versus Bais mayor, SP

A regional trial court judge has dismissed the petition for declaratory relief with prayer for preliminary mandatory injunction filed against Bais Mayor Mercy Goñi, members of the Sangguniang Panlungsod, and Metro Gaisano.

Bais City legal officer Lloyd Jeson Elmaco said yesterday that his office has received the 22-page decision of Judge Candelario Guillermo Gonzalez of RTC Branch 45 on the petition filed against Goñi and the other respondents.

The complainants had filed the petition in relation to the mayor's decision to Metro Gaisano to put up business at the city's market complex.

The court pointed out that the petitioners lack the required legal standing to file the case and that the latter failed to establish a clear and unequivocal right that has been violated, Elmaco said in a statement released yesterday.

The court also emphasized on the difference between a resolution and an ordinance – that it needs an ordinance to enact the Market Code as well as the PPP Code of Bais City, while it only needs a resolution to implement the provisions thereof.

Thus, the four assailed resolutions passed by the SP are all valid and well within its legislative powers.

Moreover, it has been the consistent stand and argument of the undersigned counsel that petitioners lack locus standi and that the latter miserably failed to establish a clear justiciable controversy that can be ripe for judicial intervention, such as convincing proof that they will suffer irreparable damage and injury on the assailed acts of the city, which is an essential requisite for a case of Declaratory Relief to prosper and for a Preliminary Mandatory Injunction to be granted in their favor.

As of this writing, the undersigned has yet to confirm with private respondent's Legal Team on its plan of filing a case against persons who have caused damage and stain to its reputation.

With this, Elmaco appealed to all Baisanons “to work with us in bringing genuine growth to our beloved Bais. Let us set aside political colors and boundaries in order to attain a more productive and self-reliant city”.

“The administration of Mayor Mercy Goñi continues to be firm on our commitment of a sincere, honest, and dedicated public service”, he added.*JFP/PR


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