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BY MAE SINGUAY
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Saturday, January 21, 2017
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BACOLOD City – Evelio “Bing” Leonardia is staying put as mayor.
The Court of Appeals has granted his request for a temporary restraining order (TRO) against his dismissal.
Promulgated by the 18th Division of the appellate court in Cebu City yesterday, the TRO averted the Interior department’s planned serving of the dismissal order for Leonardia on the same day.
The Office of the Ombudsman ordered Leonardia and nine others dismissed from government service after finding them guilty of grave misconduct and gross neglect of duty.
Department of the Interior and Local Government (DILG) Region 6 director Anthony Nuyda said they can no longer serve the dismissal order.
Nuyda is concurrently heading the DILG’s Negros Island Region office.
He told Panay News they were planning serve the order either Friday afternoon, Jan. 20, or early morning on Monday, Jan. 23.
Now they will have to send the dismissal order back to the DILG central office, Nuyda said.
Good for “60 days from notice,” the TRO “[enjoins] respondents and all persons acting under the authority of respondent DILG from enforcing” the Ombudsman order against Leonardia, said the appellate court.
“It is more prudent for this court to preserve the status quo to avoid not only irreparable injury and damage but also complications that would arise if the [Ombudsman order] would be implemented,” the Court of Appeals said in a resolution.
The court said the “abandonment of the condonation doctrine should not have a retroactive effect as to prejudice petitioner for the acts he committed when said doctrine was still recognized. [Leonardia’s] reliance on the defense of condonation prior to its abandonment should be respected.”
“The reckoning point should be the day when the administrative infraction was allegedly committed,” said the court. “Thus, [Leonardia] has a clear and unmistakable right to the injunctive relief sought.”
The charges against Leonardia and nine others stemmed from the questionable P50-million purchase of furniture and fixtures at city hall in 2008.
Leonardia’s “right to remain in office as the duly elected mayor of Bacolod City should be protected during the pendency of the proceedings so as not to disenfranchise the people who voted for him,” the court said.
“Our endless gratitude and praises to the Gracious Almighty,” said Councilor Renecito Novero, one of the mayor’s official spokesmen. “We have always trusted that Mayor Bing would be granted the TRO. His legal position is strong and secure.”
Caesar Distrito, another councilor and spokesperson, said, “We are very happy that the Court of Appeals listened to reasons and valid legal grounds, especially on the application of condonation doctrine.”
“There is no issue of corruption, under-delivery, overpricing, bad faith, or conspiracy,” said Distrito. “The questioned furniture are still there after nine years and being used and enjoyed by all city employees.”
For Councilor Dindo Ramos, Leonardia was “vindicated from the nasty and malicious accusations against him.”
The TRO was “a clear affirmation that the mayor had done nothing illegal, anomalous or irregular,” Ramos said. “We are confident the [order] of the Ombudsman will eventually be overturned by the Court of Appeals as it is clearly devoid of factual and legal basis.”/PN
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