Expressing “extreme dismay and disappointment over the actuations of respondent Loboc Mayor Helen Calipusan-Alaba, her brother (the former mayor Leon Calipusan) and the other boat operators in blatantly and repeatedly violating the TRO” earlier issued by the court, a trial court judge has issued a writ of preliminary injunction against Alaba, accused of grave abuse of power, preventing her from stopping the Loboc Riverwatch Floating Resto to operate. “The court hereby resolves to issue a preliminary injunction against the respondent mayor and the latter's allies, enjoining them from preventing the petitioner (Tess Labunog-Sumampong), directly or indirectly, from continuing with her floating restaurant operation,” said Regional Trial Court Branch 50 Judge Dionisio R. Calibo Jr. in his order dated Dec. 2, 2013.

“Just as the other operators are free to join the ‘turno-turno' as they please, the petitioner should not be compelled to join the scheme until the guidelines and justification thereof are more clearly explained to the court,” the judge said. “After all, the court does not see any serious flaw in the old system where everyone was happy and no one could feel any tension while enjoying the Loboc River Cruise.” Petitioner Labunog-Sumampong, owner and manager of most sought-after Loboc Riverwatch Floating Resto, earlier obtained a temporary restraining order (TRO) on Nov. 13, 2013 from the court after she filed a civil case against Alaba for “mandatory injunction with prayer for preliminary mandatory injunction, preliminary prohibitory injunction and temporary restraining order and damages.”

Labunog-Sumampong, through lawyer Alexander “Aleckoy” Lim and lawyer Aleck Francis “Koykoy” Lim, had sought the protection of the court after she felt she was being singled out by the mayor of Loboc who moved heaven and hell so that the Riverwatch Floating Resto could not operate ever again. The Loboc Riverwatch Floating Resto is the most sought-after restaurant at Loboc River due to its excellent food and world-class customer service, leaving other floating restos as less favorite by thousands of tourists sampling the beauty of Loboc River. Labunog's success, however, allegedly became a root cause of jealousy and envy in the hearts of her competitors. They then allegedly devised a scheme, in the guise of “torno-torno,” that would have put Labunog out of business.

But Labunog, after seeking the legal services of Atty. Lim, received a favorable disposition of the court who granted her request for a temporary restraining order (TRO). In clear defiance of the law, the mayor of Loboc had repeatedly ignored the TRO, thus making a mockery of the existing laws of the country and indirectly intimating that she and her cohorts are above the law being the “untouchables” of Loboc town. “It is the belief of this court that this is the first time in Bohol that a TRO by a court has been openly defied,” said judge Calibo in his grammar-error-free decision-order. “Time and again, the Supreme Court has emphasized that even if a party does not agree with a TRO, he is duty bound to abide by it until after the issues are more fully heard in court and the problem is finally resolved by it,” the judge said, citing the case of Spouses Manuel and Lisa Tan Lee, et al vs Court of Appeals and China Banking Corporation, GR No. 147191. (MIKE ORTEGA LIGALIG)