Ombudsman stopped from unseating Nueva Ecija mayor
>> Wednesday, April 1, 2015
PANTANBANGAN, Nueva Ecija -- The Court of Appeals has stopped the Office of the Ombudsman from unseating the mayor of this town.
In
a 12-page ruling issued on Tuesday, the appellate court’s Special Second
Division issued a 60-day temporary restraining order (TRO) barring Ombudsman
Conchita Carpio-Morales from implementing a dismissal order issued last month
against Pantabangan Mayor Lucio Uera.
“After
a rigorous examination of the available facts and records… this court is in the
view that the prayer for the issuance of a TRO is reasonably justified,” the CA
ruling stated.
Records
of the case show that Uera was found guilty of administrative offenses in June
2013 over the suspension of 44 permanent employees in March 2005.
He
was ordered to pay a fine because he was not a mayor at the time.
Uera
elevated the case with the CA when the ombudsman denied his motion for
reconsideration in October last year.
The
appeal was still pending when Morales approved the order issued by graft
investigator Ronald Bersales directing Uera’s dismissal.
This
prompted Uera to seek a TRO.
“The
second resolution denying Uera’s motion for reconsideration made the first
resolution ripe for appeal, which petitioner did,” the CA ruling stated.
“The
first resolution can no longer be disturbed or reopened without violating due
process of law,” it added.
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