Tabuk City, Kalinga – After finding sufficient evidence, the Regional Trial Court Branch 25 granted the temporary restraining order (TRO) prayed for by the five petitioners against the P1,925,000,000 loan of Tabuk City.
The TRO which was issued after the virtual hearing held this January 21, 2022 temporarily prevents Development Bank of the Philippines (DBP) from releasing the proceeds of the said loan.
It can be recalled that Jerome B. Tabanganay, Jamillah S. Dalilis, Casan M. Calil, Sunshine S. Busaing, and Daniel C. Peckley Jr. filed on January 13 the petition against DBP, Tabuk CLGU represented by Mayor Darwin C. Estrañero, Acting Vice Mayor, Atty. Zorayda Mia M. Wacnang, and members of Sangguniang Panlungsod-Tabuk City.
Petitioners claimed that the ordinances, resolutions, and the loan agreement are illegal, unconstitutional, and ineffective due to the violations of Mayor Estrañero and SP-Tabuk City members. Thus, the use of the proceeds of the loan for the projects in the loan agreement will constitute an illegal disbursement.
According to the order released by the court, the evidence attached to the complaint are factual and legal issues that need to be threshed out during an appropriate adversarial meeting, acknowledging the petitioners’ actual and substantive rights exist.
The TRO shall take effect while the court conducts investigation on the truthfulness of the allegations stated in the complaint.
A hearing on the Writ of Preliminary Injunction is scheduled on February 9, 2022 where the decision as to whether the act complained of directly involves the illegal disbursement of public funds derived from taxation will be issued.
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