The Supreme Court has been asked to lift the temporary restraining order it issued last month stopping the Puerto Princesa City Regional Trial Court from enforcing its warrant of arrest against former Palawan governor Mario Joel Reyes. Read more here:
City Regional Trial Court from enforcing its warrant of arrest against former Palawan governor Mario Joel Reyes.
The CA’s amended decision reversed its January 2018 ruling, which dismissed the murder case against Reyes and ordered his release.Instead, the appellate court upheld the ruling of the Puerto Princesa City RTC that denied the plea of Reyes to suspend the proceedings and sustained the validity of the warrant of arrest it issued against the petitioner.
This prompted Reyes to assail the RTC ruling before the appellate court, citing the trial court’s reliance on the “uncorroborated statement” of witness Rodolfo “Bumar” Edrad, his bodyguard. The OSG made the plea after the SC, in a resolution dated March 23, 2022, granted Reyes’s motion for reconsideration, reinstated his petition, and required the respondent to comment on the petition within a non-extendible period of ten days from notice.
“A TRO or a writ of preliminary injunction may be issued upon the concurrence of the following essential requisites, to wit: invasion of the right sought to be protected is material and substantial; the right of the complainant is clear and unmistakable; and there is an urgent and paramount necessity for the writ to prevent serious damage,” the comment stated.
findings by the RTC and the Court of Appeals superseded and mooted the issue of probable cause,” the Solgen said. cause, “it is enough that it is believed that the act or omission complained of constitutes the offense charged.”
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