This time, they accused Barbers of grave abuse of authority in imposing formal charges against 10 employees of the PTA without the benefit of a preliminary investigation and in violation of their constitutional right to due process.
The 10 employees petitioned the Manila Regional Trial Court last May 19 for prohibition mandamus and the issuance of a temporary restraining order and preliminary injunction against Barbers and three other PTA officials.
In Wednesday’s hearing, Judge Juan Nabong of Manila RTC Branch 32 ordered both parties to desist from making any action in relation to the case pending the next scheduled hearing on May 23 at 2 p.m., issuing in effect, a temporary restraining order for 72 hours.
In their 14—page petition, the PTA employees accused Barbers of violating their constitutional right to due process as he acted with undue haste, partiality, vindictiveness and in total disregard of mandated administrative procedures, when he charged them with an administrative case early this month.
"The respondent’s haste in filing charges against the petitioners reeks not only of gross ignorance of the law and procedures but with bad faith and malice. He assumes therefore, all the qualities of a rigged tribunal — he is the complainant, prosecutor, judge and executioner," petitioners aver.
The employees contended that said administrative charges were filed without the benefit of a preliminary investigation in flagrant violation of Sections 12, 13, 14 and 15 of the Civil Service Commission’s "Revised Uniform Rules on Administrative Cases."