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NORDIS
WEEKLY June 25, 2006 |
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RTC orders Jadewell to stop operations |
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BAGUIO CITY(June 23) — Regional Trial Court (RTC) Judge Fernando Vil Pamintuan ordered Jadewell Parking Systems Corporation (Jadewell) to stop operating and instead comply with the injunction which he issued last April 19. In an order dated June 16, Pamintuan said the injunction remains effective as it was not “lifted” nor “dissolved” by the Supreme Court. Jadewell resumed operations after the Supreme Court issued last June a temporary restraining order (TRO) prohibiting Pamintuan and Benedicto Balajadia and others from further deliberating on Civil Case No. 6089-R. which called for the nullification of the pay parking contract and spawned Pamintuan’s injunction order temporarily suspending Jadewell’s operations until the Supreme Court’s recent order. But Pamintuan maintained that the Supreme Court’s order was meant only to stay the deliberations on the case. “Under pain of direct contempt of Court, Jadewell and counsel are directed to comply with the Writ of Preliminary Prohibitory Injunction issued by this Court way back on April 19. The continued enforcement of same has not been restrained by the Supreme Court which did not lift nor dissolve the said Writ.” The TRO issued by SC was in regard to further proceedings, referring to the presentation of additional evidence on the main case,” Pamintuan said in his order. Jadewell however reportedly refused to heed Pamintuan’s order and was still in business as of last Thursday, June 22. It maintains that the SC TRO encompassed the resumption of its operations. In his order, Pamintuan ordered the RTC sheriffs with support of the city police and Mayor Braulio Yaranon “to secure and preserve said Writ.., so that the implementation of said Writ is fully enforced.” After Pamintuan’s issuance of the injunction, Jadewell asked the SC to dissolve such and further prayed to cite Pamintuan for contempt. Jadewell also asked the High Court to nullify Pamintuan’s orders, the first dated Nov. 17 last year, which denied Jadewell’s motion to dismiss; the second dated April 4, 2006 which denied Jadewell’s motion for reconsideration; and the injunction order approved on condition of the payment of a P1 million bond. Jadewell also asked the high court to direct Pamintuan to “cease and desist from continuing with the hearing of the case and to dismiss the same.” # Aileen P. Refuerzo/PIO Post your comments, reactions to this article |
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