The San Juan Regional Trial Court denied the application for a temporary restraining order filed by Senator Jinggoy Estrada against former Public Works Assistant Engineer Brice Ericson Hernandez.
In a resolution, the San Juan RTC Branch 160 denied the senator’s request to stop Hernandez from making false and defamatory statements linking him to the anomalous flood control projects.
The court explained that the extreme urgency warranting the need for the restraining order is no longer present since its purpose is to prevent the wide dissemination of Hernandez’ false allegations.
It noted that the senator himself admitted that Hernandez’s statements have already pervaded all media outlets and featured on news channels.
‘Clearly, the issuance of a temporary restraining order at this point would no longer serve its purpose as the acts sought to be restrained were already fait accompli (they have already happened),’ the court, through Presiding Judge Caron Aicitel Lascano-Nethercott said.
It added that: ‘Owing to the permanent nature of online posts, even assuming that a restraining order can be issued, the digital footprint of the alleged malicious imputations which have been posted and reposted online lasts indefinitely, almost impossible to be forgotten.’
Although the court denied the TRO request of the senator, it warned the public that further public commentary on the matter outside official legislative proceedings could violate the sub judice rule.
‘Any imputations, comments or discussions made either through conventional or digital platform, outside the realm of official legislative inquiries and investigations. would in any manner tend to influence the Court, prejudge the issue, and in general, obstruct the administration of justice, are hereby proscribed,’ the ruling said.
The court clarified that its decision does not bar Hernandez from testifying in congressional inquiries, citing constitutional respect for legislative investigations conducted in aid of legislation.
‘The Court, ever mindful of the principle of separation of powers, and owing to the Constitutional respect due to a co-equal branch of the government, will not even venture to pry into their business,’ the court said.
Still, the court noted a hearing for Estrada’s application for a writ of preliminary injunction on November 12, 2025.