Thursday, November 14, 2013

Judge awaits December relief of Chan before giving decision

                                                             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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