SATURDAY |JANUARY 20, 2007 | PHILIPPINES

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Strike 2: Sanchez wins
TRO on suspension

CA order beats DILG deadline to vacate


BY EVANGELINE DE VERA

BATANGAS Gov. Armando Sanchez yesterday obtained a 60-day temporary restraining order from the Court of Appeals against the suspension order issued against him by the Ombudsman.

In a three-page resolution penned by Associate Justice Regalado Maambong, the Court of Appeals’ Special Fourth Division said the enforcement of the Ombudsman’s Sept. 26, 2006 order "would work injustice" to the petitioner, considering that the Ombudsman imposed a six-month preventive suspension without pay, which might be fully implemented even before Sanchez’ petition is acted upon by the CA.

Concurring in the resolution were CA Associate Justices Rosmari Carandang and Arturo Tayag.

On Wednesday, the Court of Appeals also issued a TRO against an Ombudsman order dismissing Iloilo Gov. Niel Tupas.

The TRO against Tupas’ suspension, however, was received by the police only after a team from the PNP Special Action Force had taken over the Iloilo capitol in an assault which Rights Chairman Purification Quisumbing described as "shocking" for its violence.

Sanchez and his supporters had also barricaded the Batangas capitol, but the interior department gave them until yesterday to secure relief from the courts.

Named respondents in Sanchez’ petition were the Ombudsman, the Department of Interior and Local Government which served the order, the Department of Justice, PNP, and Vice Gov. Richard Recto.

Recto, who was sworn in Tuesday as acting governor, initiated the filing of a criminal complaint against Sanchez in connection with the alleged anomalous multi-million peso computerization contract that the governor allegedly awarded to two private companies without the benefit of a public bidding.

The CA gave the respondents 10 days to show cause why the TRO should be lifted and the writ of preliminary injunction should not be granted.

The CA said the comment of the respondents will be treated as their answers once the appellate court decides to give due course to the petition.

Sanchez was among the local executives victimized by a slew of "midnight" dismissals and suspensions by the Ombudsman.

On January 17, Sanchez filed his petition asking the CA to invalidate the Sept. 26, 2006 order of the Ombudsman imposing a six-month preventive suspension upon him, saying the nature of his suspension is disallowed during election period.

In a 15-page petition, Sanchez through lawyer Ferdinand Topacio also asked the CA to enjoin Recto from assuming the post of governor and from exercising any of its powers and functions.

On Sept. 2, 2005, Recto filed a complaint affidavit before the Ombudsman against Sanchez and 15 other officials of the provincial government, alleging irregularities in the province’s P350 million real property tax computerization project.

On Nov. 16, 2005, the Ombudsman issued an order preventively suspending Sanchez and the other respondents in the Recto complaint for "initial findings of irregularities."

In the same order, however, the Ombudsman found "there was no clear showing that (petitioner) was aware of the irregularities in the bidding."

 
 


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