By MORTZ C. ORTIGOZA
LINGAYEN – The
regional trial court judge here waits for the December 17 relief of a
Pangasinan provincial police director before she decides on the writ of injunction with temporary restraining order case filed by Pangasinan Governor
Amado T. Espino
.
Police Colonel Marlou Chan answers the queries of media men on the peace and order in Pangasinan |
In a final
hearing on November 12, Judge Carmelita Villegas-Galvez asked Senior
Superintendent Marlou Chan to furnish immediately her sala an order from the
national police headquarter after Chan leave his post in December 17 this year.
“Colonel
Chan please furnishes me a copy of your transfer so I have a good Christmas. So
we could know the development of your transfer,” the amiable lady judge
exhorted the provincial director.
In that
hearing Solicitor General Counsel
Maria Celeste Reantaso manifested to the court by showing a
resolution of the Senior Officers Placement and Promotion Board (SOPPB) of the
national police headquarter that Chan would be transferred on
December 17 at the police regional office in San Fernando City, La Union as the
Regional Chief of the Directorial Staff (RCDS).
Chan, Chief Superintendent Ricardo Marquez, and Director Catalino
Cuy, chief of the Philippine National Police Personnel and Records at Camp Crame have been sued in May 24 this year
by Espino with a writ of injunction with a temporary restraining order after
Marquez and Cuy made Chan as permanent police provincial director in May 10,
2013 in Pangasinan after he was appointed as officer in charge in December last
year.
But the
national police hierarchy reverted the permanent appointment to a hold over
category in June 26, 2013 that prompted Chan’s battery of lawyers composed
of Reantaso, State Solicitor Magnolia C. Velez (who was replaced in the last
hearing by another lady lawyer from the SolGen after she was appointed as RTC
Judge) and
PNP lawyers Police Superintendent Donald T. Laoyan and Police Chief Inspector
Stephen G. Budong to
file a motion to dismiss since the main action of his appointment as permanent
became moot and academic already.
Espino
questioned the decision of the PNP in appointing Chan as
permanent police director .
In
his petition for the writ of injunction he questioned Generals Cuy and Marquez 's violation of the laws governing the appointment of police provincial officials. Espino
argued that the two generals erred in designating Sr. Supt. Chan as provincial
police chief of Pangasinan. In his amended petition for the issuance of a writ
of preliminary injunction with TRO the governor through his lawyer hinted that Cuy and Marquez appeared to have
conspired to circumvent pertinent provisions of the PNP Law, as amended,and the
Omnibus Election Code.
The
lawyer of Espino argued that Section 51 of the Department of Interior &
Local Government Act and Republic Act 8551 (Act Establishing the Philippine
National Police Under a re-organized Department of the Interior and Local
Government, and for Other Purposes) mandate the governor to appoint one of the
three nominees submitted by the regional director.
In the November
12 hearing the lone lawyer of Espino provincial legal office Geraldine Baniqued
and the lawyers of Chan did not argue anymore. Reantaso told Judge Galvez that the Solicitor General would not even submit any motion since they already
submitted all the written arguments and the latest supplemental motion at the
judge in the September hearing.
Galvez, who
would be deciding the injunction on December 12, asked Baniqued if she could
wait for the December 17 relief of Chan.
“Whichever
comes first your honor,” Baniqued retorted.
“Hindi ka
naman nagmamadali (are you not in a hurry)?,” posed by the always smiling
judge.
Baniqued, a
University of the Philippines-College of Law alumnae, nodded her head in
agreement.
Galvez said
she could forego the December 12 resolution and resolves the case after
December 17 since she has been given by law 90 days after Velez signified in the
September hearing her intention to file her supplemental motion to dismiss the
case in favor of Chan.
RCDS is one
of the requirements for Chan to get the star rank.
“The board has
just deliberated and approved last week my new assignment as RCDC. The procedure there is
that after the post has been vacated by its head somebody has to fill it up immediately,
“Chan explained to the court.
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