PILI, Camarines Sur -– Beleaguered Bula Town Mayor Rolando N. Canet heaved a sigh of relief after Regional Trial Court Branch 32 based in this capital town dismissed for lack of merit a motion filed by Camarines Sur Gov. Luis Raymund Villafuerte and members of the Sangguniang Panlalawigan that sought to throw out the mayor’s verified petition for certiorari, with prayer for preliminary injunction and temporary restraining order following an order of suspension issued against him by the governor.

        Citing that due process was denied Mayor Canet , RTC Pairing Judge Jose C. Sarcilla, on behalf of Judge Nilo Malanyaon who was on leave, stated that from the facts of the case obtaining, “it is clear that the petitioner (Canet) was not given the opportunity to file his intended motion for TRO reconsideration within a time frame allowed by the Rules of the Court” when Gov. Villafuerte immediately implemented the order of preventive suspension against the Bula town mayor.

        The order was dated January 10, 2007 when “representatives and agents, together with the officers and members of the PNP Provincial Office are assembled at the church patio, just a few meters away from the municipal hall, with the manifest intention of implementing the Governor’s Order of Suspension issued by the Governor on December 20, 2006.”

        Accordingly, on the same day, Judge Sarcilla ordered public respondents Gov. Villafuerte, Sanggunian Panlalawigan members, DILG representatives and officers and members of the PNP provincial office and supporters from implementing Villafuerte’s order of suspension against Canet “in order to avoid any untoward incident or confrontations since the TRO issued by this court is still in effect.”

        Records of the case show that sometime last year, spouses Salvador and Sonia Decena filed before the Sangguniang Panlalawigan of Camarines Sur a verified complaint for oppression and grave abuse of authority and such other alleged violations of the Anti-graft and Corrupt Practices Act. The Decenas are known political foes of Canet.

        On Dec. 13, 2006, by a majority vote, the Sangguniang Panlalawigan issued a resolution ordering the preventive suspension of the petitioner for a period of 60 days, with advice to the Governor “to kindly implement the order of suspension.”

        The Governor, on Dec. 20, 2006, in compliance with SP’s advice, issued an order preventively suspending the petitioner for a period of 60 days.

        But before the suspension order could take effect, Canet on Dec. 27, 2006 filed a petition for mandamus with a prayer for TRO that Executive Judge Rosario B. Torrecampo favorably issued for 72 hours.

        During the hearing, the court on Dec. 29, 2006 resolved to extend the 72 hours TRO to 20 days.

        Lawyer Maria Celestina Manlangit-Tam, counsel for public respondents Gov. Villafuerte on January 5, 2007 filed her supplementary clarification in which she sought for the dismissal of Canet’s petition for certiorari and mandamus, for lack of merit, and that same petition should be dismissed on the ground that the court has no jurisdiction over the case “for (the court’s) failure to exhaust administrative remedies.”

        The court, however, begged to disagree.

        The court further noted that the Governor, despite Canet’s motion for reconsideration, and without waiting for the expiration of a 15 day period to file such motion for reconsideration, on Dec. 20, 2006 issued an order for Canet’s suspension which Judge Sarcilla said is “a clear violation of the right of due process of the petitioner.”