CA okays Durano’s request for TRO: Suspension halted

CEBU, Philippines - The Court of Appeals has stopped, at least for 60 days, the three-month suspension of Danao City Mayor Ramon “Nito” Durano III.

The court’s 17th division granted Durano’s request for a Temporary Restraining Order (TRO).

The Ombudsman suspended Durano for failing to reinstate seven employees whose appointments he revoked in 2013.

In its resolution, however, the Court of Appeals said, “the Court also finds an urgent and paramount necessity for the issuance of the TRO to prevent serious damage in this case.”

“Accordingly, the Ombudsman, the Secretary of the Department of Interior and Local Government, and any of their officers are enjoined from implementing the assailed Decision of the Office of the Ombudsman dated 22 June 2016,” the resolution reads.

The resolution, dated April 3, is signed by Associate Justices Romeo Barza, Socorro Inting, and Maria Filomena Singh.

It was on March 9 when Durano filed a petition for review before the CA to contest the Ombudsman decision, asserting lack of basis on the part of the anti-graft office for finding him guilty of simple neglect of duty.

Case

 The suspension stemmed from the complaint filed by Orlando Agatan, Jr., Amabella Gomez, Cecilia Lawas, Celso Aylwin Manulat, Leo Enriquez, Conchita Batuto, and Maria Sofielyn Camance.

 They were appointed during the term of Durano’s brother and former mayor Ramon “Boy” Durano Jr. from 2010 to 2013.

 Durano, however, recalled their appointment on July 1, 2013 because the appointment reportedly did not undergo the screening process, supposedly done by the Personnel Selection Board, as mandated under a City Council resolution.

 In his September 2016 ruling, Deputy Ombudsman for the Visayas Paul Elmer Clemente ruled in favor of the employees and suspended Durano.

But Durano argued the Ombudsman’s ruling lacked basis because records would show that he reinstated the employees as early as December 2015.

 Testimonies of the City Budget Officer and the City Treasurer also confirmed that the city government paid the employees’ back wages. The delay in the implementation of the release of the said amount was reportedly due to the process that the city government had to comply with.

 Durano also anchored his petition for review on the Aguinaldo Doctrine, which absolves public officials of administrative liability once they are re-elected into office. (FREEMAN)