Court issues TRO Degamo remains governor

DUMAGUETE CITY, Philippines  — The Court of Appeals Special 5th Division has granted Negros Oriental Governor Roel Degamo a temporary restraining order (TRO) against his dismissal from his post.

The TRO maintained a status quo ante on Degamo’s position as governor effective immediately for a period of 60 days, unless sooner lifted, prohibiting and enjoining the implementation of his dismissal through the Joint Resolution of the Ombudsman, dated January 12, 2016 and May 16, 2016, respectively.

The CA resolution that issued the TRO was penned by Associate Justice Stephen Cruz and concurred in by Associate Justices Samuel Gaerlan and Ramon Paul Hernando.

The TRO status quo ante provides that whatever was the condition of the province, before the Ombudsman dismissal, should be respective, thus Degamo will remain as governor.

The CA said the injury to Degamo, by virtue of his dismissal, will not be susceptible to any mathematical computation and cannot be adequately compensated in damages because this involved ruining his reputation as an individual and a public official.

It also ruled that Degamo’s dismissal would deprive him of his right to assume his post as the newly elected governor, which he acquired through the voice of the people who voted for him in the elections.

A hearing on the propriety of the issuance of a writ of preliminary injunction has been set for oral argument on July 12, at the Court of Appeals in Ermita, Manila.

The CA Division clerk of court was then directed to serve the copies of the TRO to the Ombudsman, the  Department of Interior and Local Government, other concerned agencies, and the parties and their agents and lawyers for their information and guidance.

Lawyer Richard Enojo, who represented Degamo at the CA in Manila, alleged that a politician opposed to the governor had secretly tried to push the court to deny the issuance of the TRO.

Enojo said that on June 22, a day before the TRO issuance, the opposite camp filed an opposition to Degamo’s petition for a TRO, telling the CA that it was moot and academic because Vice Governor Edward Mark Macias has already taken his oath and assumed office as governor.

Enojo, however, quoted an associate justice of the CA saying that even if there is already an assumption of office, the TRO shall be obeyed and respected.

Another justice allegedly commented that it was unusual for an application of a TRO to be delayed for five days, because the normal course is to release it one or two days after a petition is filed, Enojo added.

With the TRO already released, it is now the turn of assumed governor Macias to claim that he has not yet received the official copy of the order, and so will continue to dispense with the duties and functions of the office of the governor.

Macias said that, as soon as the DILG orders him to vacate the post, he will not hesitate to do so, otherwise he will be liable of dereliction of duty. To this day, Macias continues to sign payrolls, reassigns personnel, being  the assumed governor.

Provincial Board Member Rommel Erames, also a lawyer, opined that the TRO is not yet effective until the DILG tells Macias to relinquish the governorship before Degamo’s reinstallation.  (FREEMAN)