The decision of the appellate court’s 10th division invalidates the freeze order issued by Judge Ismael Bagundang of Cotabato RTC Branch 15.
A temporary restraining order which the CA issues takes effect for two months.
Justices Ruben Reyes, Renato Dacudao and Mariano del Castillo of the CA’s 10th division also stopped Bagundang from hearing the civil case pending in his sala.
Acting ARMM governor Alvarez Isnaji sought the TRO last Dec. 14, arguing that Hussin and other officials who won in the Nov. 26 regional elections can only assume their posts on Sept. 30 next year.
Isnaji cited Republic Act 9054, the law creating the ARMM, which stipulates that "elected ARMM officials should assume (their posts) on Sept. 30 following the date of their election."
Isnaji and Bagundang were also directed to "show cause" why the preliminary injunction, or permanent TRO, sought by Hussin should not be granted. A hearing was set on Jan. 15. — Delon Porcalla