![]() 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
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