BACOLOD City Mayor Evelio Leonardia said Monday, March 27, that he is thankful that the Court of Appeals (CA) Visayas granted his application for writ of preliminary injunction against the dismissal order of the Office of the Ombudsman.
"This may not be the ultimate, but this is a major victory for the cause of the Grupo Progreso," the mayor said. Leonardia, along with allies Representative Greg Gasataya, Vice Mayor El Cid Familiaran, Councilors Dindo Ramos, Renecito Novero, Caesar Distrito, Em Ang, and Bartolome Orola, and the Grupo Progreso supporters attended a thanksgiving mass at the Bacolod Government Center on Monday. Leonardia's supporters wore red shirts, and carried streamers, which read "Mayor sang Pumuluyong Bacolodnon," "One for all, all for one," and "Justice Prevails." Also present were several barangay captains and village councilmen. On March 22, the CA Visayas Station 18th Division in Cebu City issued the writ of preliminary injunction. The four-page resolution was signed by Associate Justice Germano Francisco Legaspi and concurred by Executive Justices Gabriel Ingles and Marilyn Lagura-Yap. Leonardia was initially granted a 60-day temporary restraining order by the CA 18th Division, which he sought after the Ombudsman ordered him and nine other respondents dismissed. They were found guilty for grave misconduct and gross neglect of duty in the procurement of furniture and fixtures for the Bacolod Government Center worth almost P50 million in 2008. In February, the Department of the Interior and Local Government-Bacolod served the dismissal order of former Bids and Awards Committee chairperson Goldwyn Nifras, Department of Public Services head Nelson Sedillo Sr., City Engineers Belly Aguillon, Aladino Agbones and Jaries Ebenizer Encabo, BAC Secretariat head Melvin Recabar, former city budget officer Luzviminda Treyes, and former city accountant Eduardo Ravena. With the preliminary injunction, the mayor has been ordered to post a bond of P100,000. "We know this will mean a number of rounds to go, but at least we won on these rounds. Our legal team are also working to ensure that they will get a good result on the case," he said. He added that he is thankful for the support of his supporters who are with him in times of crisis. On Sunday, the mayor had a meeting with his co-accused and he said that they understand the situation. Leonardia said he believes the CA will take up their cases individually to check their participation on the alleged allegations against them. "We cannot predict the decision of the court. This case has made Grupo Progreso even more united and stronger now. I'm going to go through all of this and I'm going to fight this for the people of Bacolod," he added. By MERLINDA A. PEDROSA
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Bacolod City officials led by Mayor Evelio Leonardia held a thanksgiving mass yesterday at the Bacolod City Government Center for the successful hosting of the ASEAN Summit meeting last week, and for the granting by the Court of Appeals of his prayer for writ of preliminary injunctionin relation to the furniture case filed against him and nine other incumbent and former employees.
The Court of Appeals 18th Division granted the writ of preliminary injunction sought by Leonardia enjoining the Office of the Ombudsman and all persons acting under the authority of the Department of Interior and Local Government from implementing the Dec. 2, 2016 joint resolution of the Ombudsman that ordered his dismissal from service. Leaders and supporters of GrupoProgreso, who came in red shirts, gathered at the lobby of the government center to show their support to Leonardia, while hi sparty mates led by Bacolod Rep. Greg Gasataya, Vice Mayor El Cid Familiaran, Councilors Caesar Distrito, Dindo Ramos, Bart Orola, Em Ang, Renecito Novero rallied behind him Leonardia said this is a major victory for their cause. Their legal team is also working to ensure that they get the desired result at the end of the case. He said the case of other employees involved have been consolidated with his case in the Court of Appeals. “I think that is one reason that the court cannot come out with a decision right away because it had more cases to handle,” he said. Leonardia said it was clear that there was no conspiracy, so the court will probably have to take their cases individually because it will look at the participation of each employee in the alleged violations. “I do not want to talk about the merits of the case but I believe the merits are favorable to us,” he said. They cannot predict the decision of the court but they have good reasons to pursue this and they believe that they have a good chance in the end, Leonardia said. He had faced many trials in the past and these challenged him and made him work harder and more focused. So, effectively, he is not afraid of this case because he is looking at the positive side of it, he said. “In the end this will make me a better person and a better public official,” Leonardia added. On January 20, the Court of Appeals granted Leonardia a 60-day temporary restraining order enjoining the DILG from implementing the Dec. 2, 2016 joint resolution of the Ombudsman after finding his application for TRO meritorious. The Office of the Ombudsman had ordered the dismissal from service of Leonardia and nine others incumbent and former city employees and officials for grave misconduct and gross neglect of duty involving the alleged illegal procurement of furniture and fixtures for the Bacolod Government Center. In its resolution, the CA said that, contrary to the contention of the respondents, the issuance of an injunctive writ that would stay the penalty imposed by the Ombudsman, is supported by existing jurisprudence. It cited the case of Gov. Garcia Jr. versus Court of Appeals, where the Supreme Court found an extreme urgency and seriousness in the issuance of an injunctive relief on the ground of the condonation doctrine. The CA said the respondents failed to establish why the WPI prayed for by Leonardia should not be issued pending final resolution of the petition for review. “Indubitably, Leonardia’s clear legal right to the injunctive relief sought has not been satisfactorily rebuffed by respondents in their opposition to the issuance of WPI and urgent motion to recall the TRO. Leonardia’s claim of condonation prior to its abandonment stands,” it said.*CGS BY CHRYSEE G. SAMILLANO BACOLOD. Bacolod City Mayor Evelio Leonardia (center), Vice Mayor El Cid Familiaran (left), Representative Greg Gasataya (3rd from right) and other city officials welcome the delegates of the 15th Meeting of the Asean Senior Officials/Ministers Responsible for Information led by Undersecretary Noel Puyat of the President Communications Operations Office (3rd from left) at the Bacolod Government Center Thursday. (Bacolod PIO Photo)
The Court of Appeals 18 th Division granted the writ of preliminary injunction sought by Bacolod Mayor Evelio Leonardia enjoining the Office of the Ombudsman and all persons acting under the authority of the Department of Interior and Local Government from implementing the Dec. 2, 2016 joint resolution of the Ombudsman that ordered his dismissal from service. In granting the WPI, the Court, in its resolution dated March 22,signed by Associate Justice Germano Francisco Legaspi and concurredin by Executive Justice Gabriel Ingles and Associate Justice MarlynLagura-Yap, ordered Leonardia to file a bond amounting to P100,000. On January 20, the Court of Appeals granted Leonardia a 60-day temporary restraining order enjoining the DILG from implementing the Dec. 2, 2016 joint resolution of the Ombudsman after finding his application for TRO meritorious. The Office of the Ombudsman had ordered the dismissal from service of Leonardia and nine others incumbent and former city employees and officials for grave misconduct and gross neglect of duty involving the alleged illegal procurement of furniture and fixtures for the Bacolod Government Center. It also ordered the filing of criminal charges of violation of Section 3 (e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act against Leonardia, former Bids and Awards chairman Goldwyn Nifras. former Budget Officer LuzvimindaTreyes, the late City Legal Officer Allan Zamora, BAC member Nelson Sedillo Sr., and former members of the Technical Working Group namely, GliceriaCaduhada, EduardoRavena, JariesEncabo, Belly Aguillon and AladinoAgbones, BAC Secretariat head Melvin Recabar and former City Treasurer Annabelle Badajos. In its resolution, the CA said respondents Ombudsman and the Public Assistance and Corruption Office of the Deputy Ombudsman for the Visayas, through the Office of the Legal Affairs of the Office of the Ombudsman, filed a comment and opposition to the issuance of a writ of preliminary injunction (WPI) and to recall the previously issued TRO. On the other hand, no comment was filed by respondent DILG despite due notice. Considering the time that had elapsed to file its comment, the DILG is deemed to have waived the right to file the same, it said. ARGUMENTS The respondents based their arguments on the immediately executory nature of the decision and orders of the Ombudsman. It stressed that the issuance of WPI would encroach on Ombudsman's rule-making powers and render nugatory the provisions of Rule 7, Rule lll of the Rules of Procedure of the Ombudsman, the CA said. However, the Ombudsman, under its memorandum Circular No. 1 Series of 2006, recognizes the court's power to issue such injunctive writs for the purpose of staying the immediate implementation of its decisions, orders or resolutions. JURISPRUDENCE The CA said that, contrary to the contention of the respondents, the issuance of an injunctive writ that would stay the penalty imposed by the Ombudsman, is supported by existing jurisprudence. It cited the case of Gov. Garcia Jr. versus Court of Appeals, where the Supreme Court found an extreme urgency and seriousness in the issuance of an injunctive relief on the ground of the condonation doctrine. The CA said the respondents failed to establish why the WPI prayed for by Leonardia should not be issued pending final resolution of the petition for review. “Indubitably, Leonardia's clear legal right to the injunctive relief sought has not been satisfactorily rebuffed by respondents in their opposition to the issuance of WPI and urgent motion to recall the TRO. Leonardia's claim of condonation prior to its abandonment stands,” it said. The CA said that while it is true that Ombudsman decisions, orders or resolutionsare immediately executory, it is settled that these may be stayed by a TRO and WPI upon justifiable grounds. BACK TO NORMAL Asked for his reaction, Leonardia said this means that everything will return to normal. Leonardia said he thanked the people who supported and prayed for him through thick and thin. What is good about this is that he knowsnow who are with himand who are not with him, he said. “We are happy and we thank the Court of Appeals. We stand by the merits of the case and we feel that we have every chance of pursuing this to the end,” Leonardia said. The court issued the WRI in time for the opening of the ASEAN meeting. The last time it issued a TRO, it was on time for the fiesta of San Sebastian, he said. Leonardia said he was too busy with the ASEAN and had no time to think that the deadline of the TRO was nearing. Their lawyers are hopeful that the court will consider their arguments. RESOLUTION NOTES He reiterated that in the Resolution of the Ombudsman it was clear that there was no overprice, there was no under delivery, no conspiracy and there was no bad faith, he said. Leonardia said he has been working with Bacolod Rep. Greg Gasataya and Vice Mayor El Cid Familiaran and they never left his side all this time. That is one good side of having a political order when top officials are working together and definitely, this will be good for Bacolod, he said.*CGS BY CHRYSEE SAMILLANO Allies of Bacolod Mayor Evelio Leonardia expressed their elation yesterday when the injunctive relief he sought on the administrative case filed by the Office of the Ombudsman against him and nine other incumbent and former city employees and officials involving a furniture case, was granted by the Court of Appeals. Bacolod Rep. Greg Gasataya yesterday said he is thankful for the result since these developments will bring normalcy to the operations of the city. “We do not want to create chaos. With the way things are happening in Bacolod City, we don't want its progress and programs disrupted,” he said. Vice Mayor El Cid Familiaran said that, personally, he is happy that the mayor was granted the writ of preliminary injunction he had sought before the 60 days temporary restraining order lapsed. Familiaran said he believes the Court of Appeals saw that the decision of the Ombudsman against the mayor was unfair. The mayor has his full support, no matter what may happen, he said, in reaction to allegations that he is interested to take over if the decision may not be favorable to Leonardia. Familiaran said he is willing to give way to any of his partymates if they are interested to run for vice mayor in the next elections. A title is not important if one wants to serve. They were elected to serve the people and not to fight or pull each other down, he said, adding that their intention is to improve the lives of the people and help bring improvements to the city. Councilor RenecitoNovero said that from the very start, he saw that after the TRO was issued, the writ of preliminary injunction be forthcoming. There is a vindication of the legal position of Leonardia, he said. Novero said that,for any other reason, except for reason of merit, the Ombudsman itself stated that there was no bad faith, nothing was stolen, and there was no conspiracy. And, on top of this, the Supreme Court is very emphatic that the condonation doctrine still applies in favor of Leonardia. “From my own experience as a lawyer, and from my own vision of the law, I am very confident that the mayorwill be favored with preliminary injunction. I am hopeful that the very same principle applied by the court in the TRO and the issuance or preliminary injunction,will be the very same principle that it will utilize in rendering its decision,” he added. Councilor Caesar Distrito said they are again vindicated that the mayor is entitled to the preliminary injunction and, in fact, they were hoping that the case will be dismissed. However, this is what they had expected because it is clear that the law is in his favor, he said. “This is again a vindication on the Leonardia camp and GrupoProgreso, and we are expecting that everything will fall into place,” he added. Distrito said that with the preliminary injunction issued by the Court of Appeals, they are hoping that this will stop all insinuations and intrigues that Bacolod will have a new mayor after Leonardia leaves City Hall.*CGS BY CHRYSEE SAMILLANO BACOLOD CITY — Ginakalipay sang bise alkalde sang ciudad sang Bacolod nga nakakuha si Mayor Evelio “Bing” Leonardia sang preliminary injunction batok sa dismissal order sini nga gindagdag sang Office of the Ombudsman. Suno kay Vice Mayor El Cid Familiaran personal sini nga ginakalipay nga nagrant ang hirit ni Leonardia. Nagapati ang bise-alkalde nga mabakod ang depensa ni Mayor Leonardia sa dismissal order sang Ombudsman matapos nga napamatbatan ini nga guilty sang grave misconduct kag gross neglect of duty bangud sang maanomaliya nga pagbakal sang P50 milyones nga balor sang furniture and fixtures sa Bacolod City Government Center. Apisar nga si Familiaran ang magabulos kay Leonardia pananglitan wala nagrant ang preliminary injunction, nagpabilin ini sa tupad kag ginsuportahan ang alkalde. THE Court of Appeals (CA) Visayas Station 18th Division in Cebu City granted the application of Bacolod City Mayor Evelio Leonardia for writ of preliminary injunction against the dismissal order of the Office of the Ombudsman. The four-page resolution dated March 22, 2017 was signed by Associate Justice Germano Francisco Legaspi and concurred by Executive Justices Gabriel Ingles and Marilyn Lagura-Yap. Leonardia was initially granted a 60-day temporary restraining order by the CA 18th Division, which he sought after the Ombudsman ordered him and nine other respondents dismissed. They were found guilty for grave misconduct and gross neglect of duty in the procurement of furniture and fixtures for the Bacolod Government Center worth almost P50 million in 2008. With the preliminary injunction, the mayor has been ordered to post a bond of P100,000. The resolution stated that “upon filing by petitioner of a bond of P100,000, let a writ of preliminary injunction issue enjoining respondents and all persons acting under the authority of respondent Department of the Interior and Local Government (DILG) from enforcing or implementing the Joint Resolution of the Office of the Ombudsman dated December 2, 2016 as against petitioner Leonardia in OMB-V-A-13-0186 until this suit has been adjudicated with finality by the court.” The CA said in manifestation (notice of deputation) dated February 10, 2017, the Office of the Solicitor General (OSG) manifested that the Office of the Legal Affairs of the Office of the Ombudsman has been deputized to assist the OSG and represent respondent Ombudsman in the present case, including the authority to file pleadings and papers. The respondents, through the Office of the Legal Affairs of the Office the Ombudsman, filed a comment with opposition to the issuance of writ of preliminary injunction (WPI) and to recall previously issued TRO. On the other hand, no comment was filed by respondent DILG despite due notice. Considering the time that has lapsed to file its comment, respondent DILG is deemed to have waived the right to file the same, the court added. The respondents based their argument on the immediately executory nature of the decisions and orders of the Office of the Ombudsman. Respondents stressed that the issuance of the WPI, which would stay the penalty imposed by the Office of the Ombudsman in an administrative case, would encroach on the Ombudsman's rule-making powers and render nugatory the provisions of Section 7, Rule III of the Rules Procedure of the Office of the Ombudsman. The court said only a TRO or WPI, duly signed by a court of competent jurisdiction, stays the immediate implementation of the said Ombudsman decisions, orders, or resolutions. Verily, public respondents failed to establish why the WPI prayed for by petitioner should be issued pending final resolution of the instant petition for review. Indubitably, petitioner’s clear legal right to the injunctive relief sought has not been satisfactorily rebuffed by respondents in their opposition to the issuance of WPI and urgent motion to recall the TRO, it added. Petitioner’s claim of condonation prior to its abandonment stands. To reiterate, while it is true that Ombudsman decisions, orders or resolution are immediately executory, it is settled that these may be stayed by a TRO and WPI upon justifiable grounds. As presented in this Court's January 20, 2017 resolution, the court further said. For his part, Leonardia said he is happy, and thankful to the CA. “We stand by the merits of the case, we feel that we have every chance of pursuing this to the end,” he said. “Everything now will return to normal, and I am thankful to the people who are with me through thick and thin,” the mayor added. He said the WPI is good while the case will continue. Bacolod City Representative Greg Gasataya said he is happy with the issuance of the WPI and this development will bring back the normal operations of the local governance. “We don’t want to disrupt the progress and projects in the city,” he said. Vice Mayor El Cid Familiaran and Councilors Renecito Novero and Caesar Distrito said they are vindicated on the point that the mayor is entitled to a preliminary injunction. “We are hoping that there will be a dismissal of the case, however, this is what we expect. This is a vindication to the group of the mayor and the Grupo Progreso,” Distrito said. “With this development, we are hoping that all the insinuations and intrigues that the mayor will be dismissed will stop. This one will put everything in place,” he added. By MERLINDA A. PEDROSA ASEAN GUESTS. Mayor Evelio Leonardia (4th from right) receives a token from PCOO Usec. George Noel Puyat (3rd from right), who is also the chairman of the ASEAN 2017 SOMRI, during their courtesy visit at the Bacolod City Government Center yesterday, March 23. Accompanying Puyat are PCOO Assistant for Finance Kissinger Reyes (2nd from right), who is also the head of Philippine delegation to SOMRI; and Dino Apolonio (rightmost), general manager of PTV. Joining the mayor in receiving the guests are (from left) Councilors Bartolome Orola, Cindy Rojas, Em Ang, Caesar Distrito, Vice Mayor El Cid Familiaran, and Congressman Greg Gasataya.* -
THE Task Group Bacolod sent off on Monday a total of 4,237 security personnel to their various posts ahead of the 15th Meeting of the Asean Senior Officials/Ministers Responsible for Information (Somri) in this city on March 22 to 23.
The four-day event also includes related activities on March 21 and March 24. Around 50 delegates from the 10 Association of Southeast Asian Nations (Asean) member-states will gather in Bacolod. The Vietnamese delegation already arrived Monday. Mayor Evelio Leonardia said “the number of the security forces alone will tell us that this is really a massive preparation on the part of the local and national organizing committees.” The City Government released a fund of about P3 million to host the event, he said. The send-off rites, held at the Bacolod City Government Center, was led by Chief Superintendent Renato Gumban, acting director of Police Regional Office-18, who also heads Task Group Bacolod, with Leonardia, retired Chief Superintendent Josephus Angan, and Assistant Deputy Director General Angela Javier, who are part of the Asean-National Organizing Committee, and Office of the Civil Defense-Negros Island Regional OIC- Director Ma. Aletha Nogra. In the afternoon, the Asean-NOC held a Pre-Deployment Conference for Task Group Bacolod. Only about 2,500 were present during the send-off ceremony in the morning since the rest were already deployed to various assignments last weekend. Deployed were personnel were from the Bacolod City Police Office, Negros Occidental Provincial Police Office, Negros Oriental Provincial Police Office, Special Action Force, Philippine Army, Mobile Highway Patrol Group, Police Regional Office-Western Visayas, Bureau of Fire Protection, Philippine Coast Guard, National Support Unit, and Philippine National Police headquarters. Gumban said they are assigned to secure hotels, airports, roads, malls and other areas of convergence in the host-city and adjacent areas. He added that securing the four-day event is “a team effort and a call of nation approach.” “Let us invest skills and knowledge for a successful event as this will give way to more opportunities for Bacolod City (and also for) Negros Island Region,” he added. Leonardia urged the security personnel to ensure the peaceful staging of the historic event. “I hope you all have a sense of mission and fulfillment in performing your responsibilities,” the mayor added. During a press conference, Leonardia said that if the city’s hosting of the Asean meeting would be successful, the senior officials and the delegates can become ambassadors of goodwill who can promote Bacolod in their own countries. “We should help to secure our visitors and if security measures will be more than the usual, sorry for the inconvenience because it is inevitable in the high level meeting,” the mayor said. Asean info kiosk Mall goers will learn more about the Asean through the Information Kiosk set up by Philippine Information Agency (PIA) at SM City Bacolod Main Atrium. PIA-Western Visayas Director Janet Mesa and Vice Mayor El Cid Familiaran led the opening of the kiosk Monday afternoon highlighted by the switch-on of the ASEAN TV Infomercial. During the ribbon-cutting rites, Mesa and Familiaran were joined by SM City Bacolod building administrator Lorenzo Benedicto, and marketing manager Nep Grandea. Mesa said the kiosk contains two kinds of information – one is purely about Asean, and the other about the different government agencies. “The Philippines is the host of the series of Asean meetings in the country. This is particularly significant because this year, Asean is celebrating its 50th year since its founding in 1967,” she added. The Asean is composed of member-states Indonesia, Malaysia, Philippines, Singapore, Thailand, Brunei Darussalam, Vietnam, Cambodia, Lao PDR and Myanmar. Mesa said they offer the materials for free like government newspapers, flyers, and brochures. “We invite all those who are at SM mall to visit the kiosk so they may be able to know what the government agencies are doing, their projects, and activities,” she added. Familiaran said the unity among its member-states strengthens the Asean, but Asean is more than that. There is economic, political, and security cooperation among its members which definitely makes Philippines esteemed to be part of it, he added. “This year, Philippines takes pride in engaging the world as partners of change for being the host of the remarkable 50th Asean Summit of 2017,” the vice mayor said. (With reports from PNA) |
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