Region CA issues TRO vs mayor’s dismissal

BACOLOD CITY — The Court of Appeals-Visayan Station's 18th Division granted the request for a 60day temporary restraining order against the dismissal of Bacolod City Mayor Evelio Leonardia and nine others.

7KH 2I¿FH RI WKH and gross neglect of duty. Ombudsman earlier ordered The charges against the dismissal of Leonardia and Leonardia and the other nine others from government RI¿FLDOV VWHPPHG IURP WKH VHUYLFH DIWHU ¿QGLQJ WKHP TXHVWLRQDEOH 3 PLOOLRQ guilty of grave misconduct purchase of furniture and ¿[WXUHV DW WKH &LW\ +DOO LQ 2008 when Leonardia was the mayor then.

7KH 752 VWDWHV ³,W LV more prudent for this court to preserve the status quo to avoid not only irreparable LQMXU\ DQG GDPDJH EXW DOVR complications that would arise if the [Ombudsman order] would be implemented,”

It also said that the ³DEDQGRQPHQW RI WKH condonation doctrine should not have a retroactive effect as WR SUHMXGLFH SHWLWLRQHU IRU WKH acts he committed when said doctrine was still recognized.

7KH &$ IXUWKHU VDLG "[Leonardia’s] reliance on the defense of condonation prior to its abandonment should EH UHVSHFWHG 7KH UHFNRQLQJ point should be the day when the administrative infraction was allegedly committed. Thus, [Leonardia] has a clear DQG XQPLVWDNDEOH ULJKW WR WKH LQMXQFWLYH UHOLHI VRXJKW ´

/HRQDUGLD¶V ³ULJKW WR UHPDLQ LQ RI¿FH DV WKH GXO\ 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 CA said.

Leonardia, who earlier admitted that the resolution surprised them because, for a while, we were told that LW KDG DOUHDG\ EHHQ ³FORVHG and terminated." He however VDLG ³ :H VKDOO IDFH WKLV FDVH squarely, and we shall argue our case on its merits and clear our names at the proper forum.

Leonardia said he and the QLQH RWKHUV DUH FRQ¿GHQW WKDW LQ WKH HQG ³WKLV ZLOO UHVXOW WR something positive for us.” He added that the Ombudsman resolution was clear on the IROORZLQJ 1R PRQH\ ZDV stolen from the government, all goods were fully delivered, no overprice, no conspiracy and no bad faith.

&LW\ /HJDO 2I¿FHU Joselito Bayatan said the LVVXDQFH RI WKH 752 UHÀHFWV the consistent position of the mayor that there was no overprice, no ghost delivery, no bad faith, and no malversation of people's money in the furniture’s case.