Wednesday, May 21, 2008

MORE NEWS,PAMPANGA

3 judges inhibit selves from case: Gov Panlilio gets TRO against new quarry law
By George Trillo

SAN FERNANDO, Pampanga – After three judges inhibited themselves from the case, Gov. Eddie Panlilio finally got Tuesday a temporary restraining order (TRO) against a new local law on lahar sand quarrying.

Regional Trial Court Judge Serafin David, according to the provincial information office, issued the TRO against the implementation of Ordinance No. 176, which scrapped the P150 share of the provincial government from the P300 tax imposed on each truck hauling lahar sand from the province.

Panlilio filed the petition some three weeks ago. Three judges had inhibited themselves from the case that also sought that the ordinance be declared illegal.

The Pampanga Mayors’ League, whose president, Lubao Mayor Dennis Pineda, is the son of former provincial board member Lilia Pineda, had endorsed the ordinance.
Mrs. Pineda has a pending electoral case against Panlilio who defeated her in last year’s
gubernatorial race.

Panlilio though is facing administrative and criminal cases filed by the provincial board before the Office of the Ombudsman for his alleged failure to implement the ordinance.
Vice Gov. Joseller Guiao, presiding officer of the provincial board, said the case remains pending before the Ombudsman.

The provincial board’s legal counsel, lawyer Jesse Caguiat, noted that Panlilio’s petition for a TRO was raffled off to three judges, all of whom inhibited themselves.
The first to inhibit was Judge Divina Simbulan, who reportedly cited her being a friend of lawyer Vivian Dabu, the provincial administrator.

Panlilio justified Simbulan’s inhibition, noting that the judge was one of the recipients of last year’s Most Outstanding Kapampangan awards that his administration gave out.
After Simbulan, Panlilio’s petition was raffled off to two other judges who also inhibited themselves.

Panlilio initially vetoed Ordinance No. 176, but the provincial board overrode the veto. Panlilio said he did not immediately implement the ordinance amid the lack of implementing rules and regulations.

The ordinance scrapped the P150 share of the provincial government from the P300 tax imposed on each of the tens of thousands of trucks hauling lahar sand from the province daily.
Instead, the P300 is divided between the province and the host municipality and barangay at a ratio of 30-30-40 percent, respectively.

Guiao said the P150 share of the provincial government was against the Local Government Code and was devised during the administrations of former governor Lito Lapid and his son Mark, whom he had both accused of anomalies.

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