Speaker Pantaleon Alvarez this time threatens to cause the impeachment of Supreme Court Justices who would issue temporary restraining orders (TROs) to stop the implementation of infrastructure projects particularly the construction of the Metro Rail Transit (MRT)-Light Rail Transit (LRT) common station on EDSA in Quezon City.

Alvarez overlooks that under R.A. No. 8975, the Supreme Court can issue TROs and writs of preliminary injunction to restrain the implementation of infrastructure projects, unlike lower and inferior courts who are prohibited from issuing injunctive reliefs.

Section 3 of R.A. No. 8975 provides:

“Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Mandatory Injunctions. – No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private acting under the government direction, to restrain, prohibit or compel the following acts:

“(a) Acquisition, clearance and development of the right-of-way and/or site or location of any national government project;

“(b) Bidding or awarding of contract/project of the national government as defined under Section 2 hereof;

“(c) Commencement, prosecution, execution, implementation, operation of any such contract or project;

“(d) Termination or rescission of any such contract/project; and

“(e) The undertaking or authorization of any other lawful activity necessary for such contract/project. x x x”

He previously threatened to strip Members of the House of their Chairmanship and Deputy Speakership positions if they would vote against the death penalty bill.

He has subsequently backtracked from this threat and held in abeyance the imposition of reprisals.

EDCEL C. LAGMAN