NAGA CITY --- The Sangguniang Panglunsod here, in a joint and collective motion during its session last Tuesday, Sept. 29, passed a resolution authorizing City Mayor Jesse M. Robredo to file an administrative case against Zeida Aurora B. Garfin, presiding judge of RTC Branch 19, here, for alleged gross ignorance of the law.

        The resolution came as the latest twist in the special civil case filed by the provincial government of Camarines Sur against the city government for the latter’s implementation of Ordinance No. 2009-062 that prohibits vending of any product and the holding of trade fairs and other similar activities at the three plazas in the city, including the Capitol-controlled Plaza Rizal.

        The city councilors noted that in seeking nullification of the aforementioned ordinance, the provincial government asserted its claim of ownership and possession of Plaza Rizal which matter has already been long ago decided with finality not only by the Regional Trial Court, but by the Court of Appeals and the Supreme Court, as well.

        The city lawmakers further noted that with the application and granting of temporary restraining order in favor of the provincial government through an Order dated August 19, 2009, certain legal and jurisprudential requirements were not complied with by the petitioner, such as (a) the existence of a clear and unmistakable right of the applicant over the subject property; (b) the acts against which the relief is to be directed are violative of such right; and (c) grave and irreparable damage or injury that may be suffered by the applicant.

        As to the true ownership of Plaza Rizal which matter had been decided by the Supreme Court’s denial of the provincial government’s petition for review, such denial became final and executory on September 26, 2008 per corresponding Entry of Judgment issued by the Supreme Court, the resolution averred.

        The Sangguniang Panglunsod also scored that the issuance of TRO in favor of the provincial government “effectively allowed the conduct of commercial activities in Plaza Rizal in violation of the basic rule that “public plazas are beyond the commerce of mem”, thereby disregarding the people’s supposed unfettered right to use the subject plaza and dishonoring Dr. Jose P. Rizal, our national hero, and the people who value his contributions to the nation.”

        For her ignorance of the law, the lawmakers insisted, Judge Garfin “should be held liable administratively.”