[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’‘TRO vs Bing dismissal not ending March 20’’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
[/av_heading]
[av_textblock size=” font_color=’custom’ color=”]
Friday, March 17, 2017
[/av_textblock]
[av_image src=’http://www.panaynews.net/wp-content/uploads/2017/03/negros-mae-bing-tro-end.jpg’ attachment=’100045′ attachment_size=’full’ align=’center’ styling=” hover=” link=” target=” caption=’yes’ font_size=’14’ appearance=’on-hover’ overlay_opacity=’0.4′ overlay_color=’#000000′ overlay_text_color=’#ffffff’ animation=’no-animation’]
Mayor Evelio Leonardia, chairman of the Solid Waste Management Board, speaks before barangay officials during an orientation on solid waste management at the Bacolod City Government Center on Thursday, March 16. BACOLOD CITY PIO
[/av_image]
[av_textblock size=” font_color=” color=”]
BACOLOD City – A counsel for Evelio Leonardia clarified that the temporary restraining order (TRO) the Court of Appeals’ 18th Division issued against the dismissal of the mayor will expire on March 24 yet.
Reports from the media and on social media had it that the 60-day TRO will expire on March 20. Atty. Joselito Ramon Castillo refuted this.
Leonardia’s application for a writ of preliminary injunction is still pending with the appellate court, Castillo said.
The Court of Appeals may issue the writ, deny the application or decide the petition on its merits, he added.
The Office of the Ombudsman dismissed Leonardia and several other city government employees.
It found them guilty of grave misconduct and gross neglect of duty in connection with the questionable procurement of furniture and fixtures worth P50 million for the Bacolod City Government Center in 2008.
Also ordered dismissed were Goldwyn Nifras, Luzviminda Treyes, the late Allan Zamora, Nelson Sedillo Sr., Gliceria Caduhada, Eduardo Ravena, Jaries Encabo, Belly Aguillon, Aladino Agbones, Melvin Recabar, and Annabelle Badajos.
Leonardia sought a TRO. The appellate court granted his petition on Jan. 20.
Will the motion for inhibition that Victor Puey filed affect the case? Castillo said he cannot comment on this. The matter should be left for the Court of Appeals’ justices to resolve, said the lawyer.
Puey, the original complainant of the furniture case, asked the Court of Appeals to inhibit itself from the case. He stressed that the appellate court has prejudged the case in favor of Leonardia.
The court already discussed the condonation doctrine without giving him a chance to refute the arguments of Leonardia, Puey said.
It also failed to note that Leonardia has a pending motion for reconsideration with the Ombudsman, he stressed. “This should have been a clear case of forum-shopping.”
Because of these, Puey said he has “lost faith in the impartiality and objectiveness” of the appellate court.
He also asked that the case be re-raffled to another Court of Appeals division “to ensure due process for all parties concerned.”/PN
[/av_textblock]
[/av_one_full]
