Sandigan denies Durano’s request to suspend case proceedings
For lack of merit, the Sandiganbayan has denied the request of Danao City Mayor Ramonito Duterte Durano III to suspend the proceedings of his case. Thus, arraignment and pre-trial conference this Friday will proceed.
Durano is facing a case for violation of Section 67 of Book V, Executive Order No. 292 Administrative Code of 1987 before the anti-graft court over alleged non-payments of back wages and other benefits of Danao City Hall employees despite the order of the Civil Service Commission Regional Office (CSCRO)-7.
In his motion, Durano claimed he has a pending appeal before the Supreme Court and the Court of Appeals in relation to this case. Thus, he asked to hold in abeyance any further action.
“…there is a reasonable ground for this court to exercise its judicial prerogative to suspend proceedings to await the final action of the Supreme Court and the Court of Appeals on the respective judicial remedies he availed of from the adverse resolution of the Office of the Ombudsman,” he stated.
However, Associate Justice Maryann CorpusMañalac denied Durano's motion agreeing with the prosecution that said motion is without merit.
“While this court is cognizant of the accused's entitlement to those remedies, it does not justify deferment of this court's action o proceed with trial of the criminal case, there being no TRO (temporary restraining order) issued by the Supreme Court,” read the resolution.
In their opposition, the prosecution claimed since there was no TRO issued by the Supreme Court and there was no basis to suspend the proceedings.
The urgent motion, the prosecution said, is tantamount to a motion to suspend arraignment which is prohibited under the Revised Guidelines for Continuous Trial of Criminal Cases.
The Office of the Ombudsman has earlier filed the case after finding probable cause based on the complaint of Orlando Dagatan, Jr.,Amabella Gomez, Cecilia Lawas, Celso Aylwin Manulat, Leo Enriquez, Conchita Batuto, and Maria Sofielyn Camance.
They alleged that on August 14, 2014, the CSCRO issued a decision granting their appeal, thus, setting aside the Memorandum Order No. 005, Series of 2013 dated July 1, 2013 issued by Durano III.
However, they were not reinstated to their post.
On July 1, 2013 Durano III issued a Memorandum No. 005 Series of 2013, revoking and/or recalling the appointments of all employees during the term of Danao City former Mayor Ramon Durano, Jr., from 2010 to 2013.
Allegedly, said employees did not comply with the requirement that all appointments must undergo screening process by the personnel Selection Board (PSB) duly constituted by a resolution of the Sangguniang Panlungsod of Danao City.
Complainants alleged that despite the order of the CSCRO, Durano III failed to reinstate them to their former positions.
On December 14, 2015, complainants said Durano issued a memorandum recalling all employees including complainants to resume their work and their original designations.
However, though they were reinstated, their back salaries and other benefits were not released.
Manto/MBG