Lamppost controversy: SC says petition for TRO vs. suspension "too late"

CEBU - The Supreme Court 3rd Division dismissed the petition for a temporary restraining order against the preventive suspension issued against Lapu-Lapu City Mayor Arturo Radaza, city engineer Julito Cuizon, assistant city engineer Fernando Tagaan and engineer Rogelio Veloso in relation to the ASEAN lamppost issue saying it was filed too late.

Associate Justice Minita Chico Nazario dismissed the case saying that the six-month period of the preventive suspension against Cuizon, Tagaan and Veloso that started last April 4, 2007 had already lapsed on October 1, 2007.

Nazario said that the petitioners in their manifestation with motion last February 18 said they have accordingly resumed their posts and even admitted that their instant petition had become moot and academic.

In the case of Radaza, the court had previously resolved last June 13 to allow him to withdraw from the instant petition as he was reelected Mayor of Lapu-Lapu City.

Nazario said that the petitioners were also unsuccessful in securing a TRO or a preliminary injunction from either the Court of Appeals or the Supreme Court that could have prevented their preventive suspension. They only filed a petition for certiorari on their suspension order before the Court of Appeals.

 The case stemmed from the investigation conducted by the Public Assistant and Corruption Prevention Office of the Ombudsman-Visayas on the acquisition and installation of lampposts and street lighting facilities along the streets of Cebu, Mandaue and Lapu-Lapu cities for the 12th ASEAN Summit.

Based on the investigation it was found that the lighting facilities were “highly overpriced.”

The fact-finding team arrived at the said conclusion after comparing the costs of the lampposts as indicated in the Programs of Work and Detailed Estimates prepared by Mandaue City and as reflected in the importation documents. 

After they were ordered preventively suspended for six months by the Ombudsman pending investigation, Radaza and the city engineers of Lapu-Lapu City filed for a temporary restraining order and writ of preliminary injunction with the Court of Appeals. After this was turned down they filed their petition with the Supreme Court. – Jasmin R. Uy/BRP (THE FREEMAN)