A.M. No. RTJ-05-1953 - MAYOR HADJI AMER R. SAMPIANO, SOMER ABDULLAH, SALIC TAMPUGAO, ANTHONY ABI, SAGA POLE INOG, TORORAC DOMATO, KING MARONSING, MARGARITA SOLAIMAN, HADJI ACMAD MAMENTING AND BILLIE JAI LAINE T. OGKA, COMPLAINANTS, VS. JUDGE CADER P. INDAR, ACTING PRESIDING JUDGE, REGIONAL TRIAL COU

Ruling

WHEREFORE, all the foregoing premises considered, petitioner thru counsel, most respectfully prays this Honorable Court that: (1) Considering the urgency of the subject matter of the petition, a temporary restraining order (TRO) be immediately issued upon the filing of this petition ORDERING (a) respondent Atty. Alvin C. Go to cease and desist from issuing an order ordering the respondent PNB-Marawi Branch manager Sandorie T. Disomangcop to release the October 2004 IRA and the months thereafter to respondents Hadji Amer Sampiano and Mamarinta Macabato or their agents or persons acting for and in their behalves, (b) respondent PNB-Marawi thru Sandorie T. Disomangcop to cease and desist from accepting and honoring any withdrawal check(s) for the October 2004 IRA of Balabagan signed by respondents Hadji Amer Sampiano and Mamarinta Macabato and or releasing the October 2004 IRA for Balabagan, Lanao del Sur to respondents Mamarinta Macabato and Hadji Amer Sampiano or their agents or persons acting for and in their behalves, and (c) respondents Hadji Amer Sampiano and Mamarinta Macabato including their agents or persons acting for and in their behalves to cease and desist from withdrawing/releasing the October 2004 IRA for Balabagan, Lanao del Sur from the respondent PNB-Marawi; and (2) After, notice and hearing, a writ of preliminary injunction (WPI) be issued against the respondents including the persons acting for and in their behalves under the same terms and conditions as the TRO for a period lasting until the petition in SPC No. 04-285 pending before the Comelec shall have been finally decided. [11] On the same day, respondent Judge issued an Order setting the hearing of the petition on October 14, 2004. He likewise directed, pending resolution of the said petition, the PNB-Marawi (represented by Disomangcop and Go) to hold or defer the release of the IRA for the Municipality of Balabagan unless ordered otherwise by the court, thus: xxx xxx xxx In the meantime, considering that the urgency of the Petitioner (sic) and while the petition is pending resolution of the Court, the Philippine National Bank represented by its Branch Manager Sandorie T. Disomangcop and Atty. Alvic C. Go, are hereby ordered to hold or defer the release of the Internal Revenue Allotment (IRA) intended for the Municipal Government of Balabagan unless ordered otherwise by this Court. [12] Sampiano also alleged that during the October 14, 2004 hearing, his counsel clarified with respondent Judge if the October 11, 2004 Order was in the nature of a TRO. Respondent Judge replied that it was not. His counsel then vigorously prodded respondent Judge to immediately lift the said Order so as not to deprive the officials and employees of the Municipality of Balabagan from receiving their hard earned salaries, but respondent Judge did not heed the said request. [13] As manifested during the said hearing, Sampiano and Macabato through counsel filed their Motion to Dismiss the petition