Tuesday, January 1, 2013

Gloria Macapagal-Arroyo Fails to Get Preliminary Injunction

By Perfecto Raymundo

The Court of Appeals has dismissed a petition filed by former President Gloria Macapagal-Arroyo on the P5.4-million damage suit pending before a Quezon City Regional Trial Court against her.

In a three-page resolution written by Associate Justice Victoria Isabel Paredes, the CA's 14th Division denied for lack of merit Mrs. Arroyo's application for the issuance of a temporary restraining order and/or a writ of preliminary injunction.

"In reference to the prayer for the issuance of a TRO…we find no compelling reason for the grant of such extraordinary remedy/ies…" the CA ruling said.

Concurring in the ruling were Associate Justices Japar Dimaampao and Elihu YbaƱez.

While the TRO and injunction petition was denied the main case still remains pending.

The case arose from the complaint filed by the United Church of Christ in the Philippines for the alleged extrajudicial killings of five protestant church members and the abduction of another one from 2003 to 2006.

The UCCP impleaded Arroyo in her capacity as then President of the Republic and Commander-in-Chief of the Armed Forces of the Philippines.

The complaint said that church pastors and leaders were either liquidated, harassed, unlawfully detained or tortured with impunity, by military agents and operatives who, by law, were then all under the ultimate control and command responsibility of Arroyo.

Representing UCCP as general secretary, Bishop Reuel Norman O. Marigza joined with six UCCP families as plaintiffs against Arroyo for damages to the church and co-plaintiffs human rights violations victims.

The UCCP said Arroyo and the military agents for whom she was responsible must be held accountable for the injustice they have exacted on the Church and the Filipino people.

The Arroyo camp elevated the case to the CA after the Quezon City RTC denied its motion to dismiss and its motion for reconsideration.