Ambrosio R. Villorente
First Knock Down
First Knock Down
Hon. Virgilio Luna Paman, presiding judge of Branch 7, Regional Trial Court, Kalibo, Aklan epitomizes the man with beautiful outlook in life. He showed his positive view in his decision on Spl. Civil Action No. 8170, Injunction With Temporary Restraining Order and Preliminary Injunction which involved Hon. Selwyn C. Ibarreta, petitioner and Hon. Gabrielle V. Calizo and Hon. Nemesio P. Neron, respondents.
Vice Governor Gabrielle V. Calizo went on leave of absence in view of her travel to Manila, Dubai and Egypt for the period October 14 – 23, 2007. However, before she left for those places, Vice Governor Calizo issued an Office Order designating Hon. Nemesio P. Neron as OIC Vice Governor/Office of the Sangguniang Panlalawigan during her absence.
This designation was strongly contested by Hon. Selwyn C. Ibarreta. He filed Special Civil Action No. 8170 on the strength of the Comelec Certification that he is the Senior Member of the Sang-guniang Panlalawigan of Aklan having garnered the highest percentage of votes in the number of voters in the Western District of Aklan compared to Hon. Neron’s percentage of votes garnered in the Eastern district.
Neron was restrained from assuming the designation by virtue of the TRO issued by Hon. Marietta J. Homena – Valencia. After the raffle conducted, the case went to Branch 7, RTC, Sala of Judge Paman. The oral argument of both parties was heard on October 16. Judge Paman released his decision dated October 16 on the following day, October 17 which believed more the argument of Hon. Ibarreta. Hon. Neron was knocked down.
Beautiful Outlook
While decision favored Hon. Ibarreta as Judge Paman declared the said Office Order “Null and Void” and ordered respondent SP Nemesio P. Neron to cease and desist from assuming the office as Officer-in-Charge of the Office of the Sangguniang Panlala-wigan, the decision also declared Hon. Selwyn Ibarreta Acting Vice Governor/Officer-in-Charge of the SP Aklan until the return of Vice Governor Gabrielle V. Calizo. Judge Paman saw the beauty of the case as it was brought to his sala. He said in his opening statement. “The good fortune of the Province of Aklan is in having many willing, available and competent public officers vying to perform government functions in the absence of others.” These are words of admiration of an admirable officer of the court.
“The beauty of this case is that the counsels and parties readily acknowledged and admitted…” These words are by itself attributes of the quality of lawyers practicing in Aklan of a highly admirable officer of the bench, Judge Virgilio Luna Paman.
Neron Appeals
But like any human being, Hon. Neron was not contented of the decision dated October 16, 2007 on the case. Hon. Neron filed a “Motion For Reconsideration” which prayed that the decision of October 16 be reconsidered and set aside, and a new one be issued dismissing the petition and to grant other relief and remedies just and equitable…”
Swift Action
The motion for reconsideration was filed on October 19, 2007. The decision was very swift as the decision was also dated on the same day, October 19 printed on two and one half (2½) pages long bond paper. The dispositive portion of which states: “Wherefore, finding the Motion For Reconsideration a mere rehash and rewording of the arguments raised during the hearing and already addressed in the decision and little else, the motion is denied.”
Moreover, Judge Paman wondered why the Motion for Reconsideration “was still filed in court when it is public knowledge in print and media that the Decision of the court were not honored and in fact lambasted as illegal, null and void and without effect by the better minds from the movant’s side.” The profuse honorifics and addresses like “with all due respect to this Honorable Court, most respectfully state, and most respectfully pray for this Honorable Court” are just “wasted ink”, Judge Paman stressed.
Happy Ending
But the OIC controversy ended in a sound note. During the special session of the Aklan SP held on Monday, October 22, 2007, Hon. Nemesio P. Neron arrived late, long after the session has started. Hon. Rodson Mayor initiated the move for Hon. Selwyn Ibarreta to preside the said special SP session.
The case is settled. Hon. Ibarreta is the Aklan Senior Board member on the basis Art. 83 (6) (5) of the IRR of the Local Government Code of 1991 and on the basis of the RTC decision on Spl. Civil Case No. 8170.
For the future absence of more than three (3) days of the Vice Governor due to travel or any reason that will hinder Vice Governor Gabrielle V. Calizo from discharging her duties as Vice Governor, Hon. Ibarreta will take over her functions. /MP
Vice Governor Gabrielle V. Calizo went on leave of absence in view of her travel to Manila, Dubai and Egypt for the period October 14 – 23, 2007. However, before she left for those places, Vice Governor Calizo issued an Office Order designating Hon. Nemesio P. Neron as OIC Vice Governor/Office of the Sangguniang Panlalawigan during her absence.
This designation was strongly contested by Hon. Selwyn C. Ibarreta. He filed Special Civil Action No. 8170 on the strength of the Comelec Certification that he is the Senior Member of the Sang-guniang Panlalawigan of Aklan having garnered the highest percentage of votes in the number of voters in the Western District of Aklan compared to Hon. Neron’s percentage of votes garnered in the Eastern district.
Neron was restrained from assuming the designation by virtue of the TRO issued by Hon. Marietta J. Homena – Valencia. After the raffle conducted, the case went to Branch 7, RTC, Sala of Judge Paman. The oral argument of both parties was heard on October 16. Judge Paman released his decision dated October 16 on the following day, October 17 which believed more the argument of Hon. Ibarreta. Hon. Neron was knocked down.
Beautiful Outlook
While decision favored Hon. Ibarreta as Judge Paman declared the said Office Order “Null and Void” and ordered respondent SP Nemesio P. Neron to cease and desist from assuming the office as Officer-in-Charge of the Office of the Sangguniang Panlala-wigan, the decision also declared Hon. Selwyn Ibarreta Acting Vice Governor/Officer-in-Charge of the SP Aklan until the return of Vice Governor Gabrielle V. Calizo. Judge Paman saw the beauty of the case as it was brought to his sala. He said in his opening statement. “The good fortune of the Province of Aklan is in having many willing, available and competent public officers vying to perform government functions in the absence of others.” These are words of admiration of an admirable officer of the court.
“The beauty of this case is that the counsels and parties readily acknowledged and admitted…” These words are by itself attributes of the quality of lawyers practicing in Aklan of a highly admirable officer of the bench, Judge Virgilio Luna Paman.
Neron Appeals
But like any human being, Hon. Neron was not contented of the decision dated October 16, 2007 on the case. Hon. Neron filed a “Motion For Reconsideration” which prayed that the decision of October 16 be reconsidered and set aside, and a new one be issued dismissing the petition and to grant other relief and remedies just and equitable…”
Swift Action
The motion for reconsideration was filed on October 19, 2007. The decision was very swift as the decision was also dated on the same day, October 19 printed on two and one half (2½) pages long bond paper. The dispositive portion of which states: “Wherefore, finding the Motion For Reconsideration a mere rehash and rewording of the arguments raised during the hearing and already addressed in the decision and little else, the motion is denied.”
Moreover, Judge Paman wondered why the Motion for Reconsideration “was still filed in court when it is public knowledge in print and media that the Decision of the court were not honored and in fact lambasted as illegal, null and void and without effect by the better minds from the movant’s side.” The profuse honorifics and addresses like “with all due respect to this Honorable Court, most respectfully state, and most respectfully pray for this Honorable Court” are just “wasted ink”, Judge Paman stressed.
Happy Ending
But the OIC controversy ended in a sound note. During the special session of the Aklan SP held on Monday, October 22, 2007, Hon. Nemesio P. Neron arrived late, long after the session has started. Hon. Rodson Mayor initiated the move for Hon. Selwyn Ibarreta to preside the said special SP session.
The case is settled. Hon. Ibarreta is the Aklan Senior Board member on the basis Art. 83 (6) (5) of the IRR of the Local Government Code of 1991 and on the basis of the RTC decision on Spl. Civil Case No. 8170.
For the future absence of more than three (3) days of the Vice Governor due to travel or any reason that will hinder Vice Governor Gabrielle V. Calizo from discharging her duties as Vice Governor, Hon. Ibarreta will take over her functions. /MP
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