Panlilio on June 26, 2008, in his 20-page counter-affidavit filed with the Office of the Ombudsman, moved for the dismissal of the April, 2008 (Vice Governor Joseller Guiao / provincial board / Panlilio supporter Lolita Hizon) corruption (R.A. 3019) suit against him failure to implement the September, 2007 Ordinance 176. DOJ Justice Secretary Raul M. Gonzalez did not act on Panlilio's November, 2007 petition to nullify the ordinance, for it was "not a tax ordinance," further ruling that the P 300 was a "regulatory fee." Panlilio's however, who obtained a temporary restraining order from the Pampanga RTC (challenging Gonzalez's ruling), also asked for the suspension of the Ombudsmand perjury case, on the ground of "prejudicial question" raised by the Pampanga civil action.