The Manila Regional Trial Court (RTC) Branch 181 on Monday, December 22, denied former Liga ng mga Barangay–Manila president Leilani Lacuna’s bid to immediately regain her post, saying doing so would already decide the case even before a full trial is held.
In a six-page order, Manila RTC Branch 181 Presiding Judge Shirley L. Magsipoc-Pagalilauan denied Lacuna’s request for a status quo ante order and writ of preliminary injunction, ruling that granting it would effectively resolve the main case without trial.
The court held that Lacuna failed to show a clear and unmistakable right warranting injunctive relief at this stage, noting that the dispute hinges on factual and legal issues that must first be fully heard.
It added that recognizing Lacuna as Liga president and ex-officio city councilor pending trial would amount to a prejudgment of the merits of her petition for certiorari, prohibition, and mandamus.
“Finding in favor of the existence of a clear and unmistakable right in favor of petitioners and invasion of such right at this stage of the proceedings is tantamount to a prejudgment of the main case,” the court said.
“It is an entrenched rule in our jurisdiction that ‘the courts should avoid issuing a writ of preliminary injunction that would in effect dispose of the main case without trial,’” it stressed.
Lacuna had asked the court to nullify a November 10 special election that led to the proclamation of a new set of Liga officers and her removal as ex-officio member of the Manila City Council.
The ruling stemmed from Lacuna’s legal challenge before the RTC against Manila City Mayor Isko Moreno, Vice Mayor Chi Atienza, and other city and Liga officials, whom she accused of illegally orchestrating her ouster from the barangay league.
She alleged that the City Council’s recognition of the new Liga leadership, following their oath-taking before Moreno, was part of a conspiracy to remove her from office.
The Manila city government has denied the accusations, saying the election reflected the will of 844 out of 896 barangay chairpersons and stressing that “mere allegations are not synonymous with truth.”
The court stressed that the principal petition before the RTC remains pending and will be resolved after full consideration of the parties’ arguments.
