Saturday, August 20, 2016

TALLADO CASE | RTC junks TRO vs. RD Pastor

DAET, Camarines Norte August 20, 2016 (Bicol Standard) -- The Regional Trial Court here has dismissed the Petition for injunction with damages and with prayer for writ of Preliminary Prohibition injunction and / or Temporary Restraining Order (TRO ) filed by Gov. Edgardo Tallado against DILG Region V Acting Regional Director Elouisa Pastor.

Gov. Edgardo Tallado
RTC Daet Executive Judge Arniel Dating said that the court cannot proceed to hear the case since it recognizes the motion for reconsideration filed by the Ombudsman when the Court of Appeals (CA) ruled that the suspension of Tallado should be reduced from one year to six months.

“Considering the common issues involved, for the court to go further would be violative of the principle of hierarchy of court,” said Judge Dating, in his order dismissing the petition of Tallado.

It will be recalled that Tallado filed a petition for Injunction with damages and with prayer for a writ of Preliminary Prohibitory Injunction and/or Temporary injunction against DILG Director Pastor, when he allegedly learned that the one year suspension order will be enforced against him.

Director Pastor, through her lawyer, Atty. Oddin belied the claim of the camp of the governor that there is such an order from Pastor to implement the one year order of suspension by the Ombudsman.

In fact, there was no such order from the Regional Director, Atty. Oddin said.

Antecedent to these developments, last June 27, the Legal Affairs Department of the Ombudsman wrote a letter to DILG Assistant Secretary Austere Panadero, informing the latter of the enforcement of the Ombudsman’s suspension order against Tallado.

Panadero, on the other hand, issued an advisory to all DILG regional directors, informing them of the said information that he received from the Ombudsman.

Meanwhile, in another issue relevant to the case, Tallado filed an appeal to the Court of Appeals regarding the suspension order that was imposed against him. In an order by the CA, the court reduced the one year administrative suspension of Tallado to six months.

The Ombudsman filed a Motion for Reconsideration (MR) of the said order of the CA, which is still pending in court.

In the meantime, there is no information yet if the DILG Regional Office in Legazpi City is really about to enforce the Ombudsman’s suspension order against the governor.

This said suspension order stemmed from the complaint filed with the Ombudsman when Tallado refused to follow the order of the Civil Service Commission to reinstate an employee of the Provincial Government who was removed from office by the governor.



The said CSC order was made the basis for the administrative complaint filed against the governor, which led to the administrative suspension order by the Ombudsman.
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