7/29/2019 Gov.Garcia.CA.Urgent.Motion.TRO.18jan12

1/2

1

REPUBLIC OF THE PHILIPPINESCOURT OF APPEALS

MANILA

GWENDOLYN F. GARCIA,Petitioner,

- versus -CA-G.R. No. 127933(O.P CASE NO. 10-K-504)

THE COURT OF APPEALS,HON. GREGORIO G. SANCHEZ,

JR., VICE GOVERNOR OF THEPROVINCE OF CEBU, HON.EXECUTIVE SECRETARYPAQUITO M. OCHOA, JR., THEOFFICE OF THE PRESIDENT,HON. SECRETARY MAR A.ROXAS, and THE DEPARTMENTOF INTERIOR AND LOCALGOVERNMENT,

Respondents.x ----------------------------------------------------- x

VERY URGENT MOTION REITERATING THE ISSUANCE OF ATEMPORARY RESTRAINING ORDERAND/OR STATUS QUO ANTE ORDER

PetitionerGWENDOLYN F. GARCIA, Governor of the Provinceof Cebu (Governor Garcia), by counsel, respectfully alleges:

1. On 10 January 2013, oral arguments were heard beforeJustices of the 12th Division of the Court of Appeals (the Hearing) topresent the factual and legal arguments of Governor Garciasapplication for a Temporary Restraining Order (TRO) and/or StatusQuo Ante Order.

2. During the Hearing, Governor Garcia sought to establish theurgency and the grave and irreparable injury that she suffered andcontinues to suffer, which entitles her to the issuance of aTRO and/or status quo ante order, by this Honorable Court.

3. After the Hearing, the incident was submitted for resolution bythe Honorable Court.

7/29/2019 Gov.Garcia.CA.Urgent.Motion.TRO.18jan12

2/2

2

4. Thirty-one days had passed since the illegal suspension ofGovernor Garcia. Several damaging and alarming events havetranspired causing grave and irreparable injury not only to GovernorGarcia and her family, but also to the people and the province ofCebu.

5. Over a week had passed since the Hearing. However, despitethe urgency posed by the circumstances, no action has yet beentaken.

6. Unless a TRO and/or status quo ante order is issued, GovernorGarcia and the Province of Cebu will continue to suffer grave and

irreparable damage and injury.

7. Petitioner respectfully repleads all the allegations in her Petitionin support of the issuance of the Temporary Restraining Order, StatusQuo Ante Order and Preliminary Injunction.

P R A Y E R

WHEREFORE, premises considered, Governor Gwendolyn F.Garcia respectfully reiterates her prayer that this Honorable Court:

(a) issue a Temporary Restraining Order / Status Quo Ante Order,upon the filing of the Petition, and after hearing, a Writ ofPreliminary Injunction enjoining the Public Respondents fromimplementing the invalid Suspension Order, and thus allowingGovernor Garcia to continue holding Office as Governor of theProvince of Cebu, and preserving the status quo ante litem

motam;

(b) after hearing, make the Preliminary Injunction permanent;

Makati City for Manila, 18 January 2013.