Danao City Mayor Ramonito “Nito” Durano III answers questions from media in this file photo.
CEBU CITY—The Court of Appeals 7th division has stopped the Office of the Ombudsman from implementing the three-month suspension of Danao City Mayor Ramon “Nito” Durano III for simple neglect of duty.
The CA issued a 60-day temporary restraining order and mandated the anti-graft office, the Department of Interior and Local Government unit and their officers from carrying out the Ombudsman’s decision to suspend the mayor.
In an eight-page decision, the CA said the order would take effect as soon as Durano paid the P100,00-bond.
The decision ,signed by Justice Romeo Barza, CA 7th division chair and Associate Justices Soccoro Inting and Maria Filomena Singh, said the condonation doctrine applies on Durano’s case.
It added the mayor had the right to remain in the office “during the pendency of the proceedings so as not to disenfranchise the people who voted for him.”
“The Court also finds and urgent and paramount necessity for the issuance of the TRO to prevent serious damage in this case,” the order added.
The case stemmed from the complaint filed by Danao city hall employees Orlando Dagatan Jr., Amabella Gomez, Cecilia Lawas, Celso Manula, Leo Enriquez, Onchita Batoto and Maria Softelyn Camance who accused Durano for of violating of the Code of Conduct and Ethical Standards for Public Officials and Employees.
They alleged that the mayor refused to heed a Civil Service Commission (CSC) order, reinstating them with payment of back wages.
Durano ordered a recall of their appointments after he was elected mayor in May 2013.
Pending resolution of the Ombudsman complaint, Durano ordered the reinstatement of the seven employees in December 2015.
Still,Ombudsman found Durano guilty of simple neglect of duty and ordered his suspension for three months.
Durano filed a motion, seeking to reconsider the Ombudsman order. He later moved to withdraw his motion and then filed a petition for review at the CA.
He asked the appellate court to review and reverse the Ombudsman’s decision to suspend him for three months.
Attached in his petition for injunction were affidavits of the City Budget Officer and City Treasurer that confirmed that the five employees were already given back wages and the delay in the implementation of the CSC order was just to the need to follow government procedure.
Durano also invoked the Aguinaldo Doctrine that mandates the absolution of offenses done during the previous term of a reelected official.
The CA, however, gave weight to the contentions raised by Durano and said the Aguinaldo Doctrine applied to the case of the mayor.
“ As argued, that offenses committed or arising during the prior term of a public elective official, are deemed absolved, when said official is re-elected on his subsequent term. Thus, there is no factual or legal basis anymore for the respondent Ombudsman for imposing the administrative sanctions,” the CA justices said.
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