Ombuds: Only TRO can stop dismissal order

CEBU, Philippines - Assistant Deputy Ombudsman Virginia Palanca-Santiago told the media yesterday that nothing can stop them from implementing the order of dismissal against those involved in the controversial purchase of lampposts as it is executory. The only exception is a Temporary Restraining Order.

“Even if there is a motion for reconsideration filed by the other party it cannot stop us to implement the order unless they can secure a Temporary Restraining Order from the court,” she said.

Based on reports the government employees ordered dismissed were Gloria Dindin, Restituto Diano, Buenaventura Pajo, Cresencio Bagolor, Pureza Fernandez, Robert Lala, Marlina Alvizo, Luis Galang and Augustinito Hermoso, of the Department of Public Works and Highways.

Also ordered dismissed were Mandaue City engineers Mario Gerolaga, Julito Cuizon, Gregorio Omo, Hedelisa Latonio and Regelio Veloso.

The 14 respondents were found guilty administratively for grave misconduct for the overpriced purchase of 1,800 lampposts placed in cities of Cebu, Mandaue and Lapu-Lapu during the Association of Southeast Asian Nations Summit held in Cebu in 2007.

Santiagao said all of them also forfeit their respective benefits.

While she said the case was not yet final, the order of dismissal is executory.

“The case is not yet final but it is executory as there was still pending motion for reconsideration before the Court of Appeals,” Santiago said.

But DPWH legal counsel Joey Luis Wee said it is not over yet.

“What the Court of Appeals (CA) dismissed is our motion for extension to file petition for review that sought for the reversal of the Ombudsman’s resolution dated August 2, 2011,” he said.

The CA directed the Office of the Ombudsman to file their comment on the motion for reconsideration.

“Accordingly, the respondents are hereby directed to file a comment on the motion for reconsideration within ten days from receipt of notice, after which the subject motion shall be deemed submitted for resolution,” the notice of resolution reads.

Mandaue City Mayor Jonas Cortes said they will implement the order as soon as they received a copy.

“We respect the order of the courts and we will implement their mandate. However, we will also afford the employee-respondents all the chance to exhaust any legal remedy available to them,” Cortes said. (FREEMAN)