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RTC Court Rejects Jinggoy Estrada's Petition to Restrain Bryce Hernandez. Atty. Bueno explains.

Atty. Bueno (The Law & Beyond)

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RTC Court Rejects Jinggoy Estrada's Petition to Restrain Bryce Hernandez. Atty. Bueno explains.

90 007 просмотров · 10 месяцев назад
Atty. Bueno (The Law & Beyond)
219 тыс. подписчиков
90 007 просмотров · 10 месяцев назад
The Regional Trial Court (RTC) of San Juan City denied Senator Jinggoy Estrada's petition for a Temporary Restraining Order (TRO) against Engr. Bryce Hernandez. Reason for Denial While the specific court order detailing the exact legal basis for the denial is not immediately public, TROs and Writs of Preliminary Injunction in the Philippines are generally denied when the petitioner fails to clearly establish two crucial points: Clear Legal Right: The court must be convinced that the petitioner (Estrada) has a clear and unmistakable legal right that needs protection. Irreparable Injury: The court must find that the acts sought to be restrained (Hernandez's allegations) would cause grave and irreparable injury to the petitioner before a full trial on the merits could be held. In cases involving speech, courts are often reluctant to issue restraining orders as they can be viewed as prior restraint on freedom of expression. The denial indicates that the San Juan RTC likely found that Senator Estrada did not meet the stringent legal requirements for the immediate issuance of a TRO. The TRO petition aimed to prevent Hernandez from making further allegations against Senator Estrada regarding alleged anomalies in flood control projects. Estrada's camp has also filed a separate perjury complaint against Hernandez before the Quezon City Prosecutor's Office