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SAME AND ANY DISBURSEMENT OF PUBLIC FUNDS FOR SUCH PURPOSE. 47. The execution of the Northrail Agreements with grave abuse of discretion amounting to lack or excess of jurisdiction and in clear violation of the Constitution and the law, makes the same patently void ab initio. The public and private Respondents have commenced work on the Contract, some of which include the forced removal of settlers from the implementation areas. This too constitutes grave abuse of discretion amounting to lack or excess of jurisdiction on the part of Respondents. 48. The continued implementation of the Northrail Agreements stands to cause grave and irreparable injury and damage to the Government and taxpayers as it will surely entail the expenditure of a huge amount of public funds for the execution of illegal and unconstitutional acts. In a climate where the Government imposes austerity measures and new taxes on the people to address a budget deficit, the expenditure of public money on contracts that are clearly illegal, unconstitutional and unfavorable to the Government is particularly unconscionable. 49. A failure to nullify and prohibit the Northrail Agreements also stands to cause grave and irreparable injury to law-abiding citizens of the country such as Petitioners through the erosion of Rule of Law and the weakening of reformative laws such as R.A. No. 9184. 50. The Petitioners as informal settlers in the project areas of implementation will also suffer grave and irreparable material injury in 22
terms of lost homes, livelihoods and other property with the Northrail Contract’s implementation. 51. Therefore, it is clear that Respondents are implementing the patently void Northrail Agreements in violation of the Petitioners’ rights as taxpayers and as law-abiding citizens, thereby causing them grave and irreparable injury. Unless Respondents are prohibited from continuing their acts, the taxpayers’ rights and the Republic’s welfare will be severely and permanently damaged. Hence, a Writ of Prohibition should immediately be issued to prohibit public and private Respondents from proceeding with the implementation of the questioned Northrail Agreements. The Writ should also prohibit the public Respondents from authorizing the release of public funds for the implementation of the agreements. VI. PETITIONERS ARE ENTITLED TO A PRELIMINARY INJUNCTION AND/OR A TEMPORARY RESTRAINING ORDER IMMEDIATELY ENJOINING THE IMPLEMENTATION OF THE NORTHRAIL CONTRACT AND THE LOAN AGREEMENT AND THE DISBURSEMENT OF PUBLIC FUNDS FOR SUCH PURPOSE, DURING THE PENDENCY OF THIS CASE. 52. Petitioners likewise pray for the immediate issuance of a Temporary Restraining Order enjoining public and private Respondents from implementing the Northrail Agreements. Such restraining order should also enjoin the disbursement of public funds by the public Respondents for the purpose. 53. The Petitioners as informal settlers in the project areas of implementation will also suffer grave and irreparable material injury in 23
Page 1 and 2: REPUBLIC OF THE PHILIPPINES SUPREME
Page 3 and 4: Butuyan Law Offices, of which they
Page 5 and 6: 10. Public Respondent National Econ
Page 7 and 8: 16. The Northrail Contract and the
Page 9 and 10: from the University of the Philippi
Page 11 and 12: improper purpose, or that there is
Page 13 and 14: II. THE NORTHRAIL CONTRACT IS VOID
Page 15 and 16: is a defective contention because n
Page 17 and 18: which also has its own juridical pe
Page 19 and 20: funds unless there is an appropriat
Page 21: 44. CNMEC cannot therefore engage a
Page 25 and 26: 57. A failure to stop the implement
Page 27 and 28: 2) AN ORDER DECLARING NULL AND VOID
Page 29 and 30: COPY FURNISHED: Honorable Eduardo E

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