A.M. No. 12-8-06-CA

Ruling

Accordingly, Cebu City sought the nullification of the RTC decisions and consolidated order; and the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction to prevent the hasty, if not unlawful release of government funds. [14] CA-G.R. CEB SP. No. 06676 was raffled to the 18 th Division of the CA, Visayas Station, whose members then were respondents Justice Pampio A. Abarintos, as the Chairman, Justice Ramon Paul L. Hernando, as the Senior Member, and Justice Victoria Isabel A. Paredes, as the Junior Member. [15] On March 28, 2012, the 18 th Division, through Justice Hernando, promulgated a resolution directing Cebu City to rectify certain defects in its petition, to wit: Perusal of the above-captioned Petition for Annulment of Final Decision/s and Order/s, with prayer for the issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction (WPI), reveals the following infirmities: Copy of Sangguniang Panlungsod Resolution No. 12-1330-2011 that is attached to the Petition, while ostensibly a certified true copy, is in fact just a photocopy. Atty. Joseph L. Bernaldez, the Notary Public in both the Verification/Certification of Non-Forum Shopping and Affidavit of Good Faith, did not indicate therein his notarial commission number and the province/city where he is commissioned, in violation of Sec. 2, Rule VIII of the 2004 Rules on Notarial Practice. Atty. Marie Velle P. Abella, the Notary Public in the Affidavit of Service did not reflect therein the province/city where she is commissioned as a notary public, in violation of Sec. 2, Rule VIII of the 2004 Rules on Notarial Practice. Petitioner is DIRECTED to RECTIFY the foregoing defects within ten (10) days from notice. Meanwhile, the Court shall hold in abeyance any action on the Petition and TRO application pending compliance with the order of rectification of defects. [16] Cebu City complied with the resolution on April 12, 2012. [17] Through the Manifestation with Urgent Motion for the Issuance of a Temporary Restraining Order filed on April 4, 2012, Cebu City informed the CA of its receipt of the Notice to Parties of Sale on Execution that set the sale on April 10, 2012 and April 17, 2012; and alleged that the sale on execution could render the proceedings in CA-G.R. CEB SP. No. 06676 moot and academic. [18] Acting on the aforesaid urgent motion of Cebu City, the CA, through Justice Hernando, issued a TRO on April 13, 2012, viz : Proceeding now to the supplication for the issuance of a Temporary Restraining Order (TRO) by the petitioner, the Court perceives more than adequate grounds for its grant. Firstly, is there urgency involved on the matter, as an execution sale has been scheduled not just on April 10, 2012 but also on April 17, 2012. Secondly, if such sale pushes through, it may well render moot the proceedings before this Court. Thirdly, there appears, at least preliminarily, a right on the part of petitioner that needs protection,