Mabini, Bohol – Mayor Esther Fostanes Tabigue this town facing “civil case” No. 293 “Damages with Prayer for Preliminary Injunction manfdatory,” filed in the Regional Trial Court Branch 51 in the town of Carmen. The filed the recent case Danilo A. Du, according to a complaint received by DYTR past. The request of the complainant (DU) to pay, if we could prove that the respondent linguistic (Mayor Tabigue), ga damage to the following: P5,000 per month from January to allow the opening of the cockpit of Du; Moral damages, P300,000; “Litigation, incidental expenses,” Php200,000; “Exemplary damages, Php200,000; and 25% attorney’s fees, according to the complaint.
And encourage the complainant in courteous to release a “Writ of Preliminary Mandatory Injunction” to rule the mayor’s permission Du pagpabuwang the “cockpit in Mabini.” The case stems from alleged Du said the Mayor refused or delayed signing the permit of the cockpit. Du said the resikitos signature is fulfilled and the mayor that he lacked the cockpit can operate. According to Du, who is the owner of the cockpit, that the Mayor did Tabigue delaying its permit a “political motive” for his support (Du) another candidate captain last barangay elections . The refusal of the mayor to release the mayor’s permit for the cockpit of his losses somehow legitimate business, Du added to his complaint.
In response, the mayor filed as “counterclaims” against Du and requested the Court that the abrogation of the complaint. This is because the complainant did not get the right (vested right) to operate in the cockpit. “The franchise granted to operate the cockpit in Mabini” is merely a special privilege, a permission or authority to do what would be within its terms nor permanent and that can at no time be withdrawn or taken back by the defendant, “the answer mayor.
The mayor turned to his request the Court to order the complainant to pay the damages, Moral danages of not less than Php500,000 and “exemplary damages,” P300,000 to defendant (mayor).
Du Advocate assisted by J. Albert R. Tinampay while mayor of the Provincial Legal Office by John Mitchell Advocate Boiser.
Both Du and Tabigue Mayor announced that the pre-trial conference for the cases that set on January 8, 2015 and February 4, 2015 at 8:30 am, according to the Notice of Pre-Trial OIC signed by the Clerk of Court Larry R. Aguiman.