In a memorandum dated April 7, 2006, Gutierrez directed Deputy Ombudsman for Luzon Victor Fernandez to "issue the order of the judgment of the office."
The Court of Appeals yesterday lifted the preliminary injunction it slapped against Maliksi after it upheld the preventive suspension order of the Ombudsman in connection with the alleged anomalous purchase of rice valued at P7.5 million in 2004.
In a 25-page decision penned by CA presiding justice and CA First Division chair Ruben Reyes, the appellate court ruled in favor of the motion of Cavite Vice Gov. Juanito Vicente Remulla seeking a reconsideration of its previous ruling granting temporary relief for Maliksi.
With the lifting of the injunction, the CA said there is no more obstacle for the anti-graft body to implement Maliksi’s suspension. The CA advised Maliksi to present all his evidence to counter the charges against him before the Ombudsman that has original jurisdiction over his case.
The appellate court also ruled as untenable Maliksi’s accusation that respondent deputy ombudsman arrogated unto himself the power of election.
It said Remulla’s temporary appointment as governor should not be considered an issue because it is only a logical consequence of the suspension. — With Arnell Ozaeta