CA ruling on BJMP row came late?

The decision of the Court of Appeals restraining Quezon City Judge Modesto Juanson from further hearing the quo warranto case filed by Bureau of Jail Management and Penology (BJMP) officer-in-charge Chief Superintendent Arturo Alit against Senior Superintendent Josue Engaño has become moot and academic.

In a press statement, Alit’s lawyers, Arturo de los Reyes and Rogelio Montero, said the CA ruling was promulgated on Oct. 30, one day after Juanson ruled that Engaño does not possess the minimum qualifications to become chief of BJMP.

The court also reinstated Alit as officer-in-charge of the bureau "unless (Alit’s appointment) is expressly revoked by the President or a permanent and valid appointment is made."

De los Reyes and Montero explained that the CA ruling came too late and, therefore, there was nothing more to restrain, contrary to the claim of Engaño in certain media reports.

In a separate press statement, Engaño said the Department of the Interior and Local Government (DILG) cannot intervene in the BJMP leadership issue "because it is already under the jurisdiction of the Court of Appeals."

Engaño also said that "until such time that there is an adverse final verdict of the court," he remains the BJMP chief " because he holds a valid appointment from no less than the President."

Alit’s lawyers said Malacañang left it entirely to the court to decide who should be the chief of BJMP after Alit filed a quo warranto case against Engaño, citing among other arguments, lack of minimum qualifications for the top position of the bureau.

In his ruling handed down on Oct. 29, Juanson said that based on the qualification standards of the Civil Service Commission, Engaño does not possess the "appropriate Civil Service eligibility."