No more hitch to implement suspension: CA rejects TRO bid of Ouano and Radaza

There is no more reason for the Department of Interior and Local Government (DILG) not to implement the Ombudsman order suspending Mandaue City Mayor Thadeo Ouano and Lapu-Lapu City Mayor Arturo Radaza for six months relative to the controversial procurement of decorative lampposts.

Yesterday, the Court of Appeals junked the request of both mayors for the issuance of a Temporary Restraining Order on the Ombudsman decision. They have been ordered preventively suspended for six months after a fact-finding investigation recommended the filing of formal charges against the two mayors and other top public officials.

The appellate court said it found no cogent reason to issue the TRO for Ouano and Radaza and their co-petitioners.

Shortly after the CA released its resolutions, Ombudsman Director Virginia Palanca-Santiago warned DILG officials that they may face charges if they still fail to implement the suspension despite the CA ruling. Ombudsman Merceditas Gutierrez specifically directed the DILG to submit its compliance within five days, which will technically lapse today.

But considering that the DILG received Gutierrez' order late last Friday, Santiago said she is willing to give the department until tomorrow to serve the suspension. If not, Santiago said the Ombudsman itself would implement the order.

While their request for TRO was junked, the two mayors' main petitions for the issuance of a preliminary injunction still stay. Ouano, together with Engineers Hidelisa Latonio, Gregorio Omo, Alfredo Sanchez Sr., Mario Gerolaga, and Rosalina Denque filed the petition last Friday while Radaza, City Engineer Julito Cuizon, assistant engineer Fernando Tagaan Jr. and Rogelio Veloso filed their petition yesterday morning.

The CA Special 18th Division has directed the Ombudsman and DILG to file their comments on Ouano's petition within 20 days "without, however, necessarily giving due course to the instant petition." Ouano and his co-petitioners would then have 10 days to file their answer to the comments.

Meanwhile, the appellate court's Special 19th Division has given the Ombudsman and DILG 10 days to file their comments on Radaza's petition, after which, Radaza and his co-petitioners would have five days to file their answer.

Ouano's petition was actually junked yesterday morning owing to the petitioners' failure to comply with the mandatory requirement of attaching a certified true copy of the Ombudsman's order however Ouano was quick to file a Motion for Reconsideration shortly before noon. They also filed a supplemental petition after getting a copy of the Ombudsman order.

In a related development, Ouano's supporters barricaded the Mandaue City Hall yesterday to show their disgust on the Ombudsman's suspension order.

Ouano, however, did not show up at his office yesterday. His office, the office of the city council and the session hall were closed. The Sangguniang Panlungsod office was opened late in the afternoon.

The yellow railings that are used to barricade the City Hall premises since Friday last week were partially opened at around 10 a.m. allowing people to transact business with the various departments inside the building.

Supporters of mayoralty aspirant Thadeo Jovito "Jonkie" Ouano, the mayor's son, stayed outside the city hall's premises under a tent. The alleyway at the second floor that leads to the mayor's office was also occupied with the mayor's supporters. Empty water bottles were scattered around, an irony of the city government's strict rules on cleanliness. Jonkie has already called on his supporters to abandon the barricade they put up at city hall.

Sought for comment, Mandaue Vice Mayor Amadeo Seno Jr. said he would just wait for the DILG order. Seno, who is seeking for the mayoralty post said in a jest, "Only in Mandaue nga after ka mo file sa imong certificate of candidacy, mayor dayon ka."

Santiago yesterday explained that even with the suspension order, the mayors could not just automatically vacate their posts. Instead, the DILG would have to formally swear into office the vice mayor to take over the responsibilities.

Seno filed his COC on March 29, a day before the Ombudsman issued the suspension order.

Security Threatened

Meanwhile, the whistleblower of the procurement of the alleged overpriced lampposts yesterday sought police assistance to provide him security. Criminal Intelligence and Investigation Bureau Chief Pablo Labra confirmed businessman Crisologo Saavedra is now provided with police escorts from the Cebu City Police Office.

Saavedra reportedly fears for his safety after exposing the controversial deal. Labra said it was Saavedra himself chose his police escorts who will secure him 24 hours a day.

The Ombudsman has already formed a panel that would conduct the formal investigation against those indicted in the lampposts controversy.

The anti-graft office's fact-finding committee has found reasonable grounds to indict Ouano, Radaza, and high-ranking officials of DPWH for alleged violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Also indicted to the charges are former DPWH regional director Roberto Lala, former assistant regional director Gloria Dindin, assistant regional director Marlina Alvizo, DPWH maintenance division officer-in-charge Pureza Fernandez and her assistant Cresencio Bagolor.

Others facing the charge are members of the Bids and Awards Committee composed of lawyer Agustinito Hermoso, regional legal officer of DPWH Luis Galang, planning and design division chief Restituto Diano, administrative division chief Buenaventura Pajo, Fabmik Construction and Development Corporation and Gampik Construction and Development Corporation.

The decorative lampposts were put up along the ceremonial route during the ASEAN Summit in January.-(/NLQ)