Maliksi gets TRO from CA
August 26, 2005 | 12:00am
The Court of Appeals (CA) stopped the Department of the Interior and Local Government (DILG) yesterday from enforcing the six-month suspension of Cavite Gov. Ireneo "Ayong" Maliksi.
In a three-page resolution penned by Associate Justice Ruben Reyes, the CAs fifth division issued a 60-day restraining order and ordered Maliksi to post a P500,000 bond within five days upon receipt of its order.
In his petition for a TRO and writs of preliminary injunction and prohibition, Maliksi argued that Deputy Ombudsman for Luzon Victor Fernandez issued the suspension order without giving him a chance to submit a counter-affidavit to the administrative complaint filed against him by Vice Gov. Juanito Victor Remulla.
Remulla accused Maliksi of grave abuse of authority in the purchase of P7.5 million worth of rice last October.
The CA gave Fernandez, Remulla, Ombudsman director Joaquin Salazar and Interior and Local Government Secretary Angelo Reyes 10 days to comment on Maliksis petition.
Maliksi received a copy of the TRO at noon yesterday, sending his supporters rejoicing.
Maliksis followers have camped out at the provincial capitol in Trece Martires City since the suspension order was handed down last Aug. 15.
Maliksi himself holed up at the Capitol, insisting that he would wait for the CAs decision on his petition.
Asked to comment on the TRO, Remulla said, "I welcome the result because it promotes sobriety among the people."
"It only proves that all the inter-government agencies are independent of each other and it only validates my earlier statement that the action of one agency does not reflect on the other," he said.
Remulla said the TRO was a "mere court order restraining the preventive suspension but the investigation (against him) continues and the administrative penalty would still be judged."
He described the TRO as a "temporary setback," saying, though, "I will prove my case and lets see what the Ombudsman has to say."
"If you are prepared to win, you have to be prepared to lose," he added.
In a three-page resolution penned by Associate Justice Ruben Reyes, the CAs fifth division issued a 60-day restraining order and ordered Maliksi to post a P500,000 bond within five days upon receipt of its order.
In his petition for a TRO and writs of preliminary injunction and prohibition, Maliksi argued that Deputy Ombudsman for Luzon Victor Fernandez issued the suspension order without giving him a chance to submit a counter-affidavit to the administrative complaint filed against him by Vice Gov. Juanito Victor Remulla.
Remulla accused Maliksi of grave abuse of authority in the purchase of P7.5 million worth of rice last October.
The CA gave Fernandez, Remulla, Ombudsman director Joaquin Salazar and Interior and Local Government Secretary Angelo Reyes 10 days to comment on Maliksis petition.
Maliksi received a copy of the TRO at noon yesterday, sending his supporters rejoicing.
Maliksis followers have camped out at the provincial capitol in Trece Martires City since the suspension order was handed down last Aug. 15.
Maliksi himself holed up at the Capitol, insisting that he would wait for the CAs decision on his petition.
Asked to comment on the TRO, Remulla said, "I welcome the result because it promotes sobriety among the people."
"It only proves that all the inter-government agencies are independent of each other and it only validates my earlier statement that the action of one agency does not reflect on the other," he said.
Remulla said the TRO was a "mere court order restraining the preventive suspension but the investigation (against him) continues and the administrative penalty would still be judged."
He described the TRO as a "temporary setback," saying, though, "I will prove my case and lets see what the Ombudsman has to say."
"If you are prepared to win, you have to be prepared to lose," he added.
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