2 Negros Or. execs get TRO vs Ombuds dismissal order

DUMAGUETE CITY, Philippines — Two officials of the Negros Oriental provincial government had obtained a temporary restraining order (TRO) from the Court of Appeals’ 15th division against an Ombudsman order dismissing them from service in relation to the disbursement of the province’s P480-million calamity fund.

Provincial Treasurer Danilo Mendez and Provincial Accountant Teodorico Reyes, indicted by the Ombudsman for alleged malversation of funds and grave misconduct, succeeded in getting a TRO or a writ of preliminary injunction, arguing that they have a pending motion for reconsideration from the Ombudsman ruling.

The CA, in its order dated last June 2, enjoined the Ombudsman, the Bureau of Local Government Finance-Region 7, the Department of Interior and Local Government-7, and private complainant June Vincent Manuel Gaudan, not to implement yet the dismissal order, issued last January 24, against the two officials.

The TRO, good for 60 days, was issued by the CA on the grounds that Mendez and Reyes still have a pending appeal on the findings of the Commission on Audit over the questioned funds.

The CA said the two would suffer the ignominy of being dismissed from service without any clear and indubitable legal basis in view of the pendency of their appeal before the COA.

The CA decision to issue a TRO, in favor of Mendez and Reyes, was signed by Associate Justice Leoncia Real-Dimagiba and concurred in by Associate Justices Ramon Garcia, chair of the 15th division, and Joseph Lopez.

Mendez had confirmed they were also ordered by the CA to pay within five days from notice to post a bond of P100,000 each to answer for such damages as respondents may suffer by reason of the TRO, failure of which will result in the automatic lifting of the TRO. He said they were able to post the cash bond.

The CA also directed respondents to the TRO to file their comment (not a motion to dismiss) on the petition within 10 days from receipt of the notice and to show cause why a writ of preliminary injunction should not be issued in favor of Mendez and Reyes.

Mendez told The Freeman that, from the start, they were confident that what they did with the funds was regular and meritorious, thus they were innocent of the charges leveled against them. The suppliers of the projects mentioned in the complaint have been paid, he said.

Mendez and Reyes said, in their application for a TRO, the Department of Budget and Management has already lost its authority to withdraw the P480-million calamity fund through the issuance of a Negative SARO because the Notice of Cash Allocation (NCA) has been issued, which was the basis of the province to disburse the money.

They two however claimed they were just hit in the crossfire of political bickering in the province, while doing their jobs regularly.

Mendez contended that the Ombudsman order was served and implemented last April 8 to Governor Roel Degamo and to the two on April 11, about a month before the May 9 elections. —(FREEMAN)