Bago Regional Trial Court Judge Frances Guanzon has dismissed a civil case filed by Asian Alcohol Corp. against 13 barangay captains of Pulupandan, Negros Occidental, and two others, including an acting police chief.
AAC had filed Civil Case No. 1620 for injunction with urgent prayer for issuance of a temporary restraining order and/or preliminary injunction to stop the defendants from establishing human barricades or roadblocks on the road leading to its plant located in Barangay Canjusa, Pulupandan, on May 15, 2009.
Among the reasons it cited for the need for a restraining order was the plant without fuel will be forced to cease operations and its employees will be dislocated.
It also said if its wastewater reactor runs out of fuel, a biogas pressure could build up leading to an immediate shutdown that could trigger an explosion and the reactor will be totally damaged.
On May 18, 2009 Guanzon issued a Temporary Restraining Order and granted the issuance of the Writ of Preliminary Injunction on June 16, 2009.
But the firm shutdown operations on its own on June 2, 2009 after its water supply was cut off.
Guanzon, in her order dated January 11, dismissed the civil case for failure of AAC to appear at the pre-trial conference of the case on Nov. 24, 2010, and Jan 11, 2011.
The case was dismissed without prejudice to the defendants’ pursuing their counterclaims, Guanzon said.
The defendants are barangay captains Allan Jacildo, Francisco Dorepes, Liza Marie Bantigue, Tino Estares, Hernaldo Era, Jimmy Polido, Cynthia Barato, Ronnie Moreno, Rosal Ortega, Jonah Jarlata, John Odaniel, Erna Tortocion and Roberto Valenzuela, a certain Fernando Maguila and Senior Inspector Gil Flores, then acting police chief of Pulupandan.*CPG