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61. Hence, public and private Respondents should be stopped through the issuance of a Writ of Preliminary Injunction enjoining them from the implementation of the Northrail Contract and the Loan Agreement. Public Respondents should also be enjoined from disbursing public funds for such purpose. 62. In this connection, Petitioners are willing and able to execute a bond in such reasonable amount to be fixed by the Court, to the effect that the Petitioners/Applicants will pay to such party or person all damages which it may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. 63. Petitioners likewise pray for the immediate issuance of a Temporary Restraining Order enjoining Respondents from proceeding with the implementation of the Northrail Contract and the Loan Agreement. Public Respondents should also be enjoined from disbursing public funds for such purpose. PRAYERS WHEREFORE, PREMISES CONSIDERED, it is hereby most respectfully prayed for that this Honorable Court issue: 1) A WRIT OF CERTIORARI REVERSING AND SETTING ASIDE THE NORTHRAIL CONTRACT AND LOAN AGREEMENT BE ISSUED, for having been executed in grave abuse of discretion amounting to lack or excess of jurisdiction; 26
2) AN ORDER DECLARING NULL AND VOID AB INITIO BOTH THE NORTHRAIL CONTRACT AND LOAN AGREEMENT, for being violative of the Constitution and the laws; 3) A WRIT OF PROHIBITION PERPETUALLY PROHIBITING THE PUBLIC AND PRIVATE RESPONDENTS FROM IMPLEMENTING THE NORTHRAIL CONTRACT AND LOAN AGREEMENT AND FROM DISBURSING PUBLIC FUNDS FOR SUCH PURPOSE; 4) A WRIT OF PRELIMINARY INJUNCTION AND/OR TEMPORARY RESTRAINING ORDER IMMEDIATELY ENJOINING THE IMPLEMENTATION OF THE NORTHRAIL CONTRACT AND LOAN AGREEMENT, DURING THE PENDENCY OF THIS CASE. Respectfully submitted. Makati City for Manila. 11 October 2005. ROQUE & BUTUYAN LAW OFFICES Unit 1904, Antel 2000 Corporate Centre 121 Valero St., Salcedo Village Makati City 27
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 and 22: 44. CNMEC cannot therefore engage a
Page 23 and 24: terms of lost homes, livelihoods an
Page 25: 57. A failure to stop the implement
Page 29 and 30: COPY FURNISHED: Honorable Eduardo E

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