Mangaoang stays, Caringal calls presscon: TRO holds shuffle of Customs posts

The Court of Appeals yesterday issued a 60-day Temporary Restraining Order that would keep Cebu Customs district collector Maria Lourdes Mangaoang in her post.

Mangaoang, through her counsel, former provincial prosecutor Oliveros Kintanar, asked the appellate court to issue a TRO against Customs Personnel Order 169-2006, dated March 31, 2006 reassigning her to Iloilo City and appointing Gracia Caringal as her replacement.

Caringal, on the other hand, called a press conference yesterday afternoon at the Cebu Grand Hotel, but was not able to make it. Her lawyer and a public relations practitioner were on hand to meet the media. In a text message that Caringal sent to her PR man, she called on the public, brokers, exporters, and business leaders to give her the benefit of the doubt and give her the chance to do what she could. She also said that she can be as responsive as Mangaoang to their issues and concerns and that she is happy for Mangaoang that she gained their support.

"Lourdes Mangaoang earned it and she deserves it," Caringal said in one of her text messages.

She said that reshuffling is a routine and she will gladly comply and that reassignments have a purpose and that Mangaoang in Cebu must have been attained and now needed in Iloilo.

In a three-page CA Resolution dated April 4, the respondents - acting Customs Commissioner Napoleon Morales and Caringal, have been directed to file within 10 days from notice hereof, their comment to the petition, not a motion to dismiss, as well as to show cause why the requested writ of preliminary injunction should not be issued.

The TRO issued is effective for 60 days unless sooner lifted, enjoining the respondents, together with all the persons acting for and in behalf, from enforcing the aforesaid CPO.

Caringal, through her counsel, Jeremias Mapula told reporters yesterday that they will work on the lifting of the TRO as soon as possible.

Mapula said that the issuance of the TRO has no basis at all since the act has already been consummated.

He said that before the filing of the petition before the CA, Caringal has already assumed her post pursuant to the certificate of assumption issued by acting deputy commissioner for internal administration group, Bernardo Sales, last April 3.

Sales confirmed having issued the said certificate of assumption, but similar other assumption orders, it was also deferred after acting commissioner Alexander Arevalo reportedly suspended the implementation of CPO-126-2006 in the afternoon of April 3.

Although, Mapula said, his client didn't see the written order of Arevalo, they still have to respect the TRO.

The lawyer also warned Mangaoang that she has a lot of things to explain to other customs personnel since the TRO affects not only Cebu, but all other area that were included in the personnel order. Mangaoang has questioned the authority of Morales to implement the order without the approval of Finance Sec. Margarito Teves. She has invoked Administrative Order 133 signed by President Gloria Macapagal Arroyo in December, which stated that reassignments of customs collectors need the approval of the finance secretary.

But Mapula yesterday said that appointments of customs collector V, like Caringal, and other position below it, need no prior signature of the secretary although he did not categorically say if it is covered under the AO 133 of the President.