Hon. Judge Panambulan M. Mimbisa of Branch 37 of the Regional Trial Court issued a Temporary Restraining Order effective April 18, 2011 for 72 hours. The said case was filed by Vice Mayor Shirlyn Bañas-Nograles, Kgd. Ronnel C. Rivera, and Kgd. Dominador S. Lagare against city councilors Beth B. Bagonoc, Vivencio E. Dinopol, Richard L. Atendido, Nepthale P. Natividad, Eduardo Leyson IV, Dante S. Vicente, Virginia T. Llido, Marius Orlando A. Oco, Margareth Rose N. Santos, Remus P. De Claro, and Lourdes F. Casabuena for the Declaration of Nullity of certain provisions in the Internal Rules of Procedures of Sangguniang Panglungsod in General Santos City.
During the said hearing, petitioners were represented by Atty. Francisco M. Gacal who expressed readiness to present evidences. However, the court opted to cancel the hearing to allow the respondents to “engage the services of counsel and in the meantime, in order to preserve tranquility in the Sangguniang Panlungsod, the Court issued the Temporary Restraining Order.”
The Internal Rules of Procedures of the 16th Sangguninang Panlungsod or SPPIR 2010-7056 was drafted by city councilor Bagonoc and was discussed, approved and adopted on July 8, 2010, a day before the copy of the draft was given to the petitioners vice mayor Bañas, city councilors Rivera and Lagare. Bañas had stated earlier in the previous interviews that, she contested the adoption as it had taken away some of the customary and traditional practices being exercised by vice mayors as privilege inherent to their functions, causes to preempt and impede the efficient and effective performance of such duties and responsibilities in accordance to the Local Government Code(RA 7160). Furthermore, some points in the provision of the IRP reduced the chance for the petitioners city councilors to effectively and efficiently render services as members of the council and as mandated by the people. Rivera on the other hand expressed in his previous interviews that, he would stand by the principle to protect and preserve the integrity of the Sangguniang Panlungsod.
In the Court Order issued by Judge Mimbisa dated April 18, 2011, it was stated clearly that “this is a case of colliding viewpoints, perception and interest each claiming the blessings of the law and jurisprudence. This Court is being called upon to act as referee but to be effective as such, and come out with a resolution that is both reflective of the law and in keeping with jurisprudence, it must understand and grapple with the issues which are so sensitive, and intricate as to be left solely to the allegations in the petition. There is a need for time for this Court to look into relevant and pertinent sources of wisdom and information to guide its resolution.”