Wednesday, October 1, 2014

JUSTICE PERALTA:

     Petition [under Rule 65] shall not interrupt the course of the principal case:  In People v. Hernandez, the Court held that “delay resulting from extraordinary remedies against interlocutory orders” must be read in harmony with Section 7, Rule 65 of the Rules of Court which provides that the “[p]etition [under Rule 65] shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case.” The trial court was then correct and acting well within its discretion when it refused to grant petitioners' motions for postponement mainly because of the pendency of their petition for transfer of venue (MARI & PEOPLE VS. HON. GONZALES [2011], PERALTA, J).

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