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Governor Garcia etc. vs. Court of Appeals [DISSENTING OPINION, AUSTRIA-MARTINEZ, J.]

GOVERNOR ENRIQUE T. GARCIA, JR., AURELIO C. ANGELES, JR., EMERLINDA S. TALENTO AND RODOLFO H. DE MESA, PETITIONERS, VS. COURT OF APPEALS 12TH DIVISION, HON. MERCEDITAS NAVARRO-GUTIERREZ, IN HER CAPACITY AS OMBUDSMAN, HON. ORLANDO S. CASIMIRO, IN HIS CAPACITY AS OVERALL DEPUTY OMBUDSMAN, HON. RONALDO D. PUNO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, JOSECHITO B. GONZAGA, RUEL A. MASINO AND ALFREDO B. SANTOS, RESPONDENTS.

G.R. No. 185132 | 2009-04-24

DISSENTING OPINION


AUSTRIA-MARTINEZ, J.:

This refers to the Petition for Certiorari, Prohibition and Mandamus with Urgent Prayer for the Issuance of a Temporary Restraining Order (TRO) assailing the Resolution dated November 14, 2008 of the Court of Appeals requiring respondents to comment and holding in abeyance action on the injunctive relief prayed for pending receipt of the pleadings ordered filed or until the period to file the same shall have elapsed.

In the Resolution dated November 19, 2008, the Court required respondents to file their comment and issued a TRO enjoining and prohibiting public respondents from...