Aside from the six temporary Provincial Board Members, the testimony of DILG Provincial Director Uldarico Razal Jr, as a prosecution witness could prove vital in the quo warranto petition being heard at the Regional Trial Court.
This became a possibility after RTC Branch 42 Presiding Judge Maria Theresa A. Cerillo finally allowed the petition to proceed last week after twice dismissing it without prejudice for lack of procedural compliance.
In a ruling issued on July 17, 2026, the judge said the main petition for quo warranto filed against PBMs Gil L. Alintana, Aida A. Dianela, Virginia D. Sanchez, Joy Z. Tamayo and Adrian B. Torcelino shall proceed in accordance with the Rules of Court.
However, during the summary hearing, the Court denied the petitioner’s ancillary prayer for the issuance of a Temporary Restraining order (TRO) and/or Writ of Preliminary Injunction.
In junking the prayer for injunctive relief filed by petitioners Leo Z. Mendoza, Ronaldo A. Tivar, and Rodrigo B. Turado, Judge Cerillo stated that pursuant to Section 5, Rule 58 of the Rules of Court, the applicant must establish a clear and unmistable right in esse to be protected, a material and substantial invasion of such right, and an urgent and paramount necessity for the writ to prevent serious, grave, and irreparable damage.
She averred that the six PBMs’ designations by the DILG enjoy the presumption of regularity, with the petitioners carrying the burden of overcoming that presumption by competent evidence which must be ventilated and weighed in the main case.
“At this stage, petitioners have not shown a clear and unmistakable right in esse that demands immediate injunctive protection,” the RTC stressed. “The right they assert – i.e. that they should be installed in place of respondents – is not a right already established and enforceable as of now.”
The relief sought would effectively grant, ahead of trial, the principal relief prayed for in the main petition, which is aimed at stopping the respondents from acting and thereby practically removing them from the contested posts, it said.
“Courts are cautioned against granting injunctive relief that would prejudge and effectively dispose of the main case without a full trial, as this reverses the burden of proof and prematurely confirms the very allegations that petitioners are still bound to prove,” Judge Cerillo pointed out, citing the Supreme Court’s ruling in Chipoco, et. al. v. Office of the Ombudsman, et. al. in G.R. No. 239416.
To restrain the acting SP members, absent a clear showing of an existing right and urgent necessity to avert irreparable injury, risks disrupting the operations of the Sangguniang Panlalawigan and impairing public service, the Court stressed in weighing the public interest in the continuity of local legislative functions.
It may be recalled that the petitioners alleged that the respondents lack the legal qualifications for the positions as their designations violated the 1987 Philippine Constitution, the Local Government Code of 1992, Administrative Order No. 15, and DILG Memorandum Circular No. 2019-21.
The respondents are not bonafide members of Lakas-CMD and were endorsed by Governor Patrick Alain Azanza, who is also not a Lakas-CMD member and never a provincial chairman of said party, the petitioners claimed, citing the guidelines providing that the designated substitutes should come from the pool of said party.
The petition also alleged that the DILG did not immediately post the temporary vacancy in the DILG website and in three conspicuous places in the LGU concerned and no screening committee was created to go over the nominees.
Legal sources told the Tribune that the participation of the DILG provincial director would be indispensable in confirming compliance or non-compliance with the guidelines in the designation of substitutes in the temporary vacancies in the provincial board.
Prior to the designations of the six PBMs recommended by the governor, the local Lakas-CMD leadership headed by provincial party chairman and former Gov. Joseph C. Cua also sent a letter naming its own nominees as replacements for their suspended party members.
According to a reliable source, Cua remains the party leader in Catanduanes in record with the Lakas national secretariat.