Saturday, February 11, 2017

CA grants Tallado's petition for preliminary injunction

DAET, CNorte 2/11/17 (BICOL STANDARD) – A preliminary injunction was granted by the 3rd Division of the Court of Appeals (CA) in favor of Gov Edgar Tallado of Camarines Norte, in an order dated Feb 9, 2017.


Gov. Edgardo Tallado

The CA granted the motion of the petitioner due to the inevitable consequence of the expiration of the 60-day TRO last February 9.

It will be recalled that last December 12, 2016, the CA issued a TRO, enjoining the Office of the Ombudsman, Department of Local Government (DILG), their agents, representatives, and everyone on their behalf, from implementing the decision of the Ombudsman that removed Tallado from his position as governor of Camarines Norte.

In the said TRO, the CA restrained the above-mentioned government officials from proceeding with the implementation of the Ombudsman’s order, pending resolution of the petition filed by Gov. Tallado. If it is already implemented, the CA said, they are nonetheless enjoined from continually implementing the dismissal order against the petitioner.

The CA clarified that in their resolution dated December 12, 2016, the respondents were ordered to show cause why the TRO should be lifted and why the petitioner’s petition for the issuance of a preliminary injunction should not be granted.

Respondent Ombudsman moved for an extension of 30 days to file comment, or until January 23, 2017. Until the resolution of this issue, no comment had been received by the court.

Meanwhile, the CA added that until it is settled how the prospective application of the condonation doctrine should be applied, the Ombudsman’s decision dated April 18, 2016 imposing the penalty of dismissal from service against Gov. Tallado should be enjoined.

“The acts complained of in the administrative case were committed in 2010, and petitioner had been re-elected for the last 3 consecutive elections, the last was in May 9, 2016 elections," the CA said.

“Further, it would be better for petitioner as the duly elected Governor of Camarines Norte to continue in office and serve his province and constituents, lest the latter will greatly suffer if petitioner would be ousted from public office due to the immediate implementation of the decision,” the CA added.

The order granting the preliminary injunction against the respondents Ombudsman, et al. was issued last February 9, 2017. It was duly signed by Associate Justice Rosemari D. Carandang and concurred in by Associate Justices Mario V. Lopez and Myrna V. Garcia-Fernandez.
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