The Sandiganbayan Fourth Division issued the order in its March 22 proceedings attended by Associate Justices Gregory Ong, Jose Hernandez, and Rodolfo Ponferrada.
"Mayor (Tomas) Osmeña is hereby advised that the implementation of the suspension order imposed against the accused must be held in abeyance pending resolution by this Court of their motion for reconsideration," the Sandiganbayan said.
But in the event that the motion is denied, "the suspension order against them should be enforced immediately, unless of course the Supreme Court itself issues a directive restraining its implementation."
Osmeña already ordered the lifting of the February 2 suspension order against ABC president Eugenio Faelnar and officers Sisinio Andales, Fortunato Parawan, Daido Abcede Sr., Michael Ocleasa Sr., Michael Ralota, Nemesio Pagador, Licerio Jaca, Nilo Tariman, and Jerry Guardo.
But acting ABC president, Mambaling barangay captain Rodolfo Estella, said Department of Interior and Local Government legal officer Danilo Almendras has advised him not to vacate the post until DILG can render an opinion on the case.
The DILG had opined that Estella could represent the ABC in the City Council in the absence of Faelnar.
The criminal case against the ABC officials stemmed from the complaint filed by then city engineer Leah Rondez because the ABC board allegedly refused to refund her gasoline allocation amounting to P4,300.
Rondez also alleged that the respondents committed misconduct when they refused to release her terminal leave pay and other benefits after they illegally terminated her services.
Rondez, who was appointed barangay project engineer from September to December 31, 2002 during the term of former ABC president Jose Navarro, was terminated from service when the new ABC officials assumed office.