TOURISM Secretary Joseph Ace Durano filed a petition through the Office of the Solicitor General asking the Manila regional trial court to order former Philippine Tourism Authority general manager Robert Dean Barbers to vacate his post since he has already completed his six-year term at the PTA last April 5.

Durano also asked the Manila court to "issue a temporary restraining order prohibiting Barbers from exercising the powers of the subject office, and later after hearing, a writ of preliminary mandatory injunction commanding respondent to cease and desist from usurping the Office of the General Manager of the PTA."

Barbers, however, told reporters yesterday that Durano's petition is moot and academic as he has already left office last April 5. "There is no need for a TRO. I call the case funny and surprising. There was no formal turnover, but that's okay. It's the end of the line for me. I'm not sticking to my post," he said, adding that he has already written President Arroyo to thank her for her support.

In his petition, Durano asked the Manila RTC to take judicial notice of the Supreme Court's Jan. 28, 2008 ruling on the Nixon Kua vs Robert Dean Barbers case, which affirmed the legality of the Barbers' appointment as GM of PTA, replacing an appointee of former President Joseph Estrada.

Durano's petition said President Arroyo appointed Barbers as GM and CEO of the PTA on Nov. 12, 2002 to replace Estrada appointee Nixon Kua who finished the term of erstwhile PTA manager Angelito Banayo. Barbers went to court after Kua refused to vacate the PTA post. The Supreme Court in a ruling issued last January, fixed the start of Barbers' appointment on April 5, 2002.

Durano said he was designated concurrent Tourism secretary and Acting PTA GM/CEO on April 6, 2008 after the expiration of Barber's term on April 5, 2008. On April 30, 2008, Executive Secretary Eduardo Ermita transmitted the designation letter dated April 6, 2008 to Durano.