Court issues TRO to mayor, 2 others

 CEBU, Philippines - More than 200 employees of the Danao City government can heave a sigh of relief as the Danao City Regional Trial Court issued a Temporary Restraining Order stopping Mayor Ramon Durano, Jr. and two other city officials from enforcing a memorandum suspending the processing of their salaries.

The memorandum issued by the mayor suspended the processing of salaries for 238 casual employees of the component city.

COURT ORDER

Danao City Regional Trial Court Branch 25 Assisting Judge Sylva Paderanga issued the order yesterday.

The TRO was issued based on the petition filed by Reynaldo Abelo and 249 other city hall employees against Mayor Durano, Acting Human Resource Manager Galacito Camaongay, and City Budget Officer Teresita Almacen.

After reviewing the pleadings of both parties, the court maintains that as provided in Article 7 of the Civil Code, laws are repealed only by a subsequent act of the legislative body or by a declaration of the court and that their violation or non-observance is not excused by disuse or custom on practice to the contrary.

Unless, any of the two modes is complied with, a questionable law remains to be valid.

The court set the case for hearing on application for a preliminary injunction on July 30.

The employees, represented by lawyer Guiller Ceniza, sought damages, indemnity and interest from the three on account of their “willful, brazen, malicious and or grossly neglect, refusal to comply, perform and enforce” various provisions of City Ordinance No. 030012 in relation to their salaries, wages and benefits.

The employees said that the ordinance was enacted by the Danao City Council on April 30 and later approved and reviewed by the Provincial Board of Cebu on July 3 pursuant to Resolution No. 988-2012.

‘The subject ordinance, having been duly approved by the City Council and as well as reviewed and approved by the Provincial Board, the same has the full force and effect of a law, its provisions, especially, the salaries, wages and benefit of ordinary, casual workers, are obligatory and mandatory,” the petition read.

The employees said their payrolls were submitted to Almacen on July 6 for processing of the payment of salaries.

Despite receipt of these payrolls, Almacen allegedly refused to act on them and deliberately waited until Durano issued a memorandum directing the non-processing of these payrolls.

Mayor Durano reportedly issued a memorandum directing Camaongay and Almacen to desist from processing and paying the salaries of casual employees and other related items such as PERA, Clothing Allowance, PUB, cash gift, year end bonus, life and retirement, Pag-ibig contribution, ECC Contribution.

Mayor Durano insists that he would not allow the payment of salaries to the 238 casual employees despite the TRO.

Durano told reporters at the Capitol that lawyer Gloria Lastimosa-Dalawampu is doing something to counter the court order. — with Gregg M. Rubio/NLQ