ChanRobles Virtual law Library

[ G.R. No. 126470. June 20, 2000]

AQUILINO PIMENTEL, JR. vs. HON. JUDGE MARIETTA A. LEGASPI et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 20 2000.

G.R. No. 126470 (Aquilino Pimentel, Jr. vs. Hon. Judge Marietta A. Legaspi, presiding Judge, RTC, Br. 162 Pasig City and Ofelia T. Pastor.)

Before this Court is a petition for certiorari and prohibition under Rule 65 of the Revised Rules of Court, with a prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, assailing the Omnibus Order dated September 4, 1996, issued by public respondent Judge Marietta A. Legaspi of the Regional Trial Court, Branch 165, Pasig City in a special civil action SCA No. 1134 entitled "Pastor vs. DECS Investigating Committee, et al.," granting private respondent's application for the issuance of a writ of preliminary injunction and denying the motion to dismiss filed by petitioner and the Department of Education Culture and Sports (DECS); and the Order dated September 6, 1996 issuing a writ of preliminary injunction. Petitioner also seeks to enjoin the implementation of the aforestated writ of preliminary injunction ordering DECS Investigative Committee to cease and desist from proceeding with the hearing of Administrative Case No. ERC-058-95 entitled "Pimentel v. Pastor, et al.," and to enjoin public respondent from proceeding with the hearings in SCA No. 1134.1 Rollo, pp. 3-4.

However, in his Manifestation (in lieu of memorandum),2 Ibid , pp. 186-192. petitioner disclosed that upon motion of private respondent, public respondent Judge Legaspi has already dismissed SCA No. 1134 in an Order3 Ibid , pp. 189-192. dated September 30, 1997, and dissolved the writ of preliminary injunction dated September 6, 1996. Hence, the instant petition has already become moot and academic.

WHEREFORE, the petition for certiorari and prohibition is hereby DISMISSED, the same having been rendered moot and academic.

Vitug, J., is abroad on official business.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE