May 2007 - Philippine Supreme Court Resolutions
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[G.R. No. 177271 : May 11, 2007] BANTAY REPUBLIC ACT OR BA-RA, REPRESENTED BY MR. AMEURFINO C. CINCO, CHAIRMAN, ET AL. VS. COMMISSION ON ELECTIONS, ET AL.<BR><BR>[G.R. 177314]<BR><BR>REP. LORETTA ANN P. ROSALES, ET AL. V. THE COMELEC:
[G.R. No. 177271 : May 11, 2007]
BANTAY REPUBLIC ACT OR BA-RA, REPRESENTED BY MR. AMEURFINO C. CINCO, CHAIRMAN, ET AL. VS. COMMISSION ON ELECTIONS, ET AL.<BR><BR>[G.R. 177314]<BR><BR>REP. LORETTA ANN P. ROSALES, ET AL. V. THE COMELEC
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated May 11, 2007
G.R. No. 177271 - BANTAY REPUBLIC ACT OR BA-RA, represented by MR. AMEURFINO C. CINCO, CHAIRMAN, ET AL. vs. COMMISSION ON ELECTIONS, ET AL.
G.R. No. 177314 - REP. LORETTA ANN P. ROSALES, et al. v. THE COMELEC
Before this Court is the URGENT MOTION FOR THE ISSUANCE OF INJUNCTION interposed in G.R. No. 177314 by therein petitioners Loretta Ann P. Rosales, Kilosbayan Foundation and Bantay Katarungan Foundation.
Consequent to the Court's Decision dated May 3, 2007 in these consolidated cases ordering the Commission on Elections (COMELEC) to immediately disclose and release the names of the nominees of the party-list groups, sectors or organizations accredited to participate in the May 14, 2007, petitioners Rosales, et al., manifested in the subject motion, their intention to initiate proceedings with the COMELEC towards the disqualification of party-list groups whose nominees do not satisfy the standards set forth by the Court in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections (359 SCRA 698). Allegedly, their motion is intended to prevent the question of disqualification moot and academic owing to the approaching May 14, 2007 elections.
We DENY.
For one, the motion is not verified as required by Section 4, Rule 58 of the Rules of Court.
For another, the motion does not name the party-list group/groups whose nominees are sought to be disqualified and thus to be affected by any injunction that might be issued. Neither does the motion indicate the specific act/s of the COMELEC sought to be restrained; and
For a third, what movant-petitioners presently seek is a preliminary injunction as an incident to G.R. No. 177314, which, if appropriate, would issue only prior to final judgment or order. Needless to stress, the desired injunction can no longer be granted inasmuch as the main action had already been disposed of.
WHEREFORE, the instant motion is DENIED.
G.R. No. 177271 - BANTAY REPUBLIC ACT OR BA-RA, represented by MR. AMEURFINO C. CINCO, CHAIRMAN, ET AL. vs. COMMISSION ON ELECTIONS, ET AL.
G.R. No. 177314 - REP. LORETTA ANN P. ROSALES, et al. v. THE COMELEC
Before this Court is the URGENT MOTION FOR THE ISSUANCE OF INJUNCTION interposed in G.R. No. 177314 by therein petitioners Loretta Ann P. Rosales, Kilosbayan Foundation and Bantay Katarungan Foundation.
Consequent to the Court's Decision dated May 3, 2007 in these consolidated cases ordering the Commission on Elections (COMELEC) to immediately disclose and release the names of the nominees of the party-list groups, sectors or organizations accredited to participate in the May 14, 2007, petitioners Rosales, et al., manifested in the subject motion, their intention to initiate proceedings with the COMELEC towards the disqualification of party-list groups whose nominees do not satisfy the standards set forth by the Court in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections (359 SCRA 698). Allegedly, their motion is intended to prevent the question of disqualification moot and academic owing to the approaching May 14, 2007 elections.
We DENY.
For one, the motion is not verified as required by Section 4, Rule 58 of the Rules of Court.
For another, the motion does not name the party-list group/groups whose nominees are sought to be disqualified and thus to be affected by any injunction that might be issued. Neither does the motion indicate the specific act/s of the COMELEC sought to be restrained; and
For a third, what movant-petitioners presently seek is a preliminary injunction as an incident to G.R. No. 177314, which, if appropriate, would issue only prior to final judgment or order. Needless to stress, the desired injunction can no longer be granted inasmuch as the main action had already been disposed of.
WHEREFORE, the instant motion is DENIED.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
