MANILA, Philippines - The Court of Appeals (CA) has stopped the Office of the Ombudsman from unseating a mayor of Nueva Ecija.
In a 12-page ruling issued on Tuesday, the appellate court’s Special Second Division issued a 60-day temporary restraining order (TRO) barring Ombudsman Conchita Carpio-Morales from implementing a dismissal order issued last month against Pantabangan Mayor Lucio Uera.
“After a rigorous examination of the available facts and records… this court is in the view that the prayer for the issuance of a TRO is reasonably justified,” the CA ruling stated.
Records of the case show that Uera was found guilty of administrative offenses in June 2013 over the suspension of 44 permanent employees in March 2005.
He was ordered to pay a fine because he was not a mayor at the time.
Uera elevated the case with the CA when the ombudsman denied his motion for reconsideration in October last year.
The appeal was still pending when Morales approved the order issued by graft investigator Ronald Bersales directing Uera’s dismissal. This prompted Uera to seek a TRO.
“The second resolution denying Uera’s motion for reconsideration made the first resolution ripe for appeal, which petitioner did,” the CA ruling stated.
“The first resolution can no longer be disturbed or reopened without violating due process of law,” it added.