CA denies Palompom, Leyte mayor et al. petition for TRO

CEBU, Philippines — The Court of Appeals has denied the petition filed by Palompon, Leyte Mayor Ramon C. Oñate and several others seeking a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction against the Ombudsman’s decision dated September 10, 2024.

The Ombudsman’s ruling imposed the penalty of dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from re-employment in government service.

In a resolution issued on February 14, 2025, the CA Fifteenth Division stated that there was no prima facie evidence of great and irreparable injury to justify granting the TRO or injunction.

This decision directly impacts Oñate’s candidacy for re-election as mayor of Palompon, Leyte, in the upcoming May 2025 elections.

The petitioners had previously complied with procedural requirements, including submitting verification and certification against forum shopping.

However, the court emphasized that the ancillary relief sought could not be granted at this time.

“The prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction is DENIED at this time there being no prima facie showing of a great and irreparable injury that will befall the applicants should the ancillary relief prayed for be not granted,” the CA said in denying the petition.

The resolution was signed by Honorable Germano Francisco D. Legaspi, Chairperson, along with Honorable Alfonso C. Ruiz II and Honorable Marietta S. Brawner-Cualing, Members of the Fifteenth Division.

Ombudsman decision

It can be recalled that Office of the Ombudsman has ordered the dismissal of Oñate, who is seeking reelection in the 2025 polls, and 10 others after being found guilty of grave misconduct and serious dishonesty.

The other individuals facing the penalty of dismissal from service are Sangguninang Bayan Members Margarito Bensig, Jr., Esperanza Sumalinog, Emmanuel Laurente, Consuelo Bonghanoy, Ranulfo Gaspan, Sr., Jonathan Yap, and Rene Camposano; drivers Alfredo Lubiano and Pablo Chavarria; and Local Legislative Staff Assistant Debbi Ann Dignos.

Along with the dismissal penalty is the cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service.

The decision was approved on September 24, 2024 and endorsed to the Department of the Interior and Local Government on September 26, 2024.

A certain Ian Jay Arevalo filed a complaint against Oñate and 13 others for alleged grave misconduct and serious dishonesty.

Arevalo claimed that they abused their power and positions through the misappropriation of public funds, specifically by purchasing fuel, oil and lubricant for three vehicles that have been decommissioned and were in a state beyond repair. (CEBU NEWS)