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."