Court junks TRO plea vs Comelec deal for delivery of poll materials

MANILA, Philippines – The Manila Regional Trial Court (RTC) Branch 173 on Tuesday denied courier Airfreight 2100’s (Air21’s) petition for the issuance of a temporary restraining order (TRO) against the Commission on Elections and courier 2GO Logistics, Incorporation (2GO)

The Manila RTC court junked Air21’s TRO and preliminary prohibitory injunction against the Comelec's contract with 2GO for the delivery of election materials due to lack merit.

“Wherefore in view of the foregoing disquisition, petitioner’s prayer for temporary restraining order and/or writ of preliminary injunction is hereby DENIED. Corollary, the petition for certiorari is likewise DENIED, hence the above-entitled case is hereby dismissed for lack of merit,” the resolution released Tuesday read.

Judge Armando Yanga said that the court found no compelling evidence that grave abuse of discretion was committed by the Comelec.

Meanwhile, Comelec Commissioner Sheriff Abas said he is happy with the Manila RTC’s decision as it is an indication that the May 9 elections will push through.

“The summary of which is nanalo tayo. Matutuloy yung FTS (Final Testing and Sealing), wala na kaming problema and hopefully matutuloy narin yung ating election on May 9. So, sa amin sa part ng Packing and Shipping Committee, wala na kaming problema,” Abas told reporters.

Abas said that even if the Manila RTC did not rule in their favor they still have contingency plans.

“Preparado kami even if iba yung decision, prepared kami mayroon kaming contingency plan."

Air21 filed a case in the Manila RTC last April 27 against the Comelec and rival forwarding company 2GO as it was not listed and was even declared “ineligible by the Bids and Awards Committee to participate in the proceeding.”