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BY MAE SINGUAY
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Monday, January 23, 2017
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BACOLOD City – For Mayor Evelio “Bing” Leonardia, the temporary restraining order (TRO) against his dismissal from government service was a start of a “journey.”
“We are thankful that the Court of Appeals saw our side,” Leonardia said in a statement released to the press yesterday, adding that the TRO “will give us more time to make our case even as we continue serving our people.”
The Office of the Ombudsman dismissed Leonardia and nine others after finding them guilty of grave misconduct and gross neglect of duty.
Promulgated by the Court of Appeals’ 18th Division in Cebu City on Jan. 20, the TRO averted the Department of the Interior and Local Government’s planned serving of the dismissal order on the mayor on the same day.
“This is good news, but our journey has just begun — our quest for justice, our fight for what is right, our search for validation of our brand of public service,” Leonardia said.
In granting the TRO, the appellate 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 charges against Leonardia and the others stemmed from the questionable P50-million purchase of furniture and fixtures at city hall in 2008.
Again, Leonardia pointed out that even the Ombudsman order was clear that “there was no money was stolen, all goods were fully delivered, there was no overprice, no conspiracy, and no bad faith.”
“It seems that in the prospective abandonment of the condonation doctrine, the reckoning point should be the day when the administrative infraction was allegedly committed,” said the court. “This would be the day when Leonardia signed the purchase order and other documents in 2008. Thus, [Leonardia] has a clear and unmistakable right to the injunctive relief sought.”
The mayor said, “We accept the TRO with gratitude — and a resolve to get to the bottom of these issues not just to clear our names but to show our people and the future generations that the right and the good will always draw favor from justice.”
Leonardia thanked the locals for “their unstinting trust and confidence, for standing by me and the rest of their public officials in this case.”
On Jan. 16, supporters and political allies — around 3,500, the Public Information Office estimated — gathered at city hall to show support for Leonardia.
Clad in red shirts, they brought placards with messages, “Mayor Bing, Fight!” and “We Support Mayor Bing.”
“Their overwhelming show of support is such a big source of inspiration,” said Leonardia. “We, too, will never waver in our quest for a better Bacolod for all of us.”/PN
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