They may be temporary, but their effects are often permanent.
When timing is of the essence and economic opportunities are at stake, they could spell fortunes lost or gained, reputations ruined, and even justice denied.
After all, justice delayed is justice denied.
The bottom line is: Restrained hands are idled hands.
And so we are glad and grateful that the Supreme Court is considering the imposition of stringent measures to prevent the use of temporary restraining orders as tools of abuse.
TROs have been whimsically or arbitrarily used by lower courts, resulting in losses or injuries to certain parties, and so the SC saw it fit to “restrain” the hands of lower courts with this judicial power.
Court Administrator Jose Midas Marquez, who has supervision over the courts and judges nationwide, said the move was the High Tribunal’s response to the outrage caused by the TRO issued by Judge Rolando Mislang of Pasig City Regional Trial Court, Branch 167.
Mislang’s TRO enjoined the Department of Justice from indicting executives and officers of housing developer Globe Asiatique Realty Holdings Corp. in connection with its allegedly anomalous housing projects in Pampanga.
Marquez said that there is a need to come up with a mechanism that would prevent abuse of TRO powers of courts.
The SC spokesman noted that the judicial system does not provide for an effective monitoring of orders issued by judges in trial courts,.
“Judges already include in their monthly reports issuances of TROs. But these are just statistics. Apparently, this has not been effective deterrent in the abuse of the issuance of TROs,” he was quoted by a broadsheet as saying .
Among those being considered by the Office of the Court Administrator is the possibility of requiring all judges to submit written report every time they issue a TRO or preliminary injunction order.
Judges would have to “explain the circumstances surrounding issuances of TROs in a written report within 10 days from issuance”.
The Court Administrator has already implemented institutional measures even before the resolution of administrative complaint filed against Judge Mislang by the Home Development Mutual Fund.
He has already required Mislang to explain within 10 days the propriety of the TRO he issued against the DoJ.
Justice Secretary Leila de Lima and Vice President Jejomar Binay both lambasted Mislang for issuing a writ of preliminary injunction last Tuesday despite complaints and questions on the TRO he earlier issued enjoining the DoJ from filing the information for syndicated estafa against Lee, his son Dexter, and three others with the San Fernando, Pampanga RTC.
Published : Tuesday May 22, 2012 | Category : Editorial | Views : 27
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Published : Monday May 21, 2012 | Category : Editorial | Views : 49
By : People's Journal
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Published : Sunday May 20, 2012 | Category : Editorial | Views : 66
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Published : Saturday May 19, 2012 | Category : Editorial | Views : 196
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Published : Friday May 18, 2012 | Category : Editorial | Views : 92
By : People's Journal
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