The Regional Trial Court had dismissed the petition for certiorari with the prayer for the issuance of Temporary Restraining Order and writ of preliminary injunction filed by the late Sanggunian Secretary Nilo Alejandrino against Vice Mayor Jude Thaddeus Sayson, Councilors Homer Bais, Roberto Rojas, Dindo Ramos, Caesar Distrito and City Legal Officer Joselito Bayatan.
Alejandrino filed the petition in February this year asking the court to stop the Vice Mayor from continuously hearing the administrative case filed against him by Distrito and for the investigating committee composed of Bais, Rojas and Ramos, to stop the investigation of the case.
Distrito had filed an administrative complaint against Alejandrino for alleged grave misconduct, abuse of authority, conduct unbecoming, and unprofessional conduct, before the Office of the Vice Mayor.
Alejandrino was issued a 60-day preventive suspension by Sayson as disciplining authority, based on the findings of the committed created to conduct a preliminary investigation on the complaint.
In his decision dated May 14, 2012, Judge Franklin Demonteverde of Branch 44, explained that the remedy sought by Alejandrino was “to refuse to submit himself to an administrative investigation or to institute an action for prohibition for the continuation of the investigation.”
The decision further stated that “the petitioner resorted to an improper remedy and that a certiorari will not be a solution to correct errors of procedure.”
Earlier, on February 24, 2012, the Court issued a TRO in favor of Alejandrino.
However, during the hearing of the preliminary injunction on February 29, 2012, it was clearly established that the acts sought to be enjoined were already moot and academic and injunction had no effect.
So in its Order dated March 19, 2012, the Court denied Alejandrino’s prayer for the issuance of a writ of preliminary injunction, recalled and lifted the TRO dated February 24, 2012, and directed the parties to submit their memoranda.*CGS