REGENCIA GETS TRO; MARZO HOLDS ON
ILIGAN CITY
The Mayor of Iligan City after having been suspended effective March 2, 2015 by the Office of the President for six months due to Abuse of Authority was able to obtain a Temporary Restraining Order (TRO) from the Court of Appeals.
Mayor Celso G. Regencia received a copy of the said Restraining Order dated April 1, 2015.
It was learned that the said TRO was issued by the Clerk of Court of the Court of Appeals, Mindanao Station pursuant to a Resolution signed by Justice Oscar V. Badelles, as Acting Ponente on the Petition for Immediate Review and Issuance of a Temporary Restraining Order filed by Regencia pertaining to the Suspension Order issued against him by the Office of the President.
It appears that the two other Justices of CA Mindanao were on leave when the Resolution and Temporary Restraining Order were issued.
The TRO was served on Acting Mayor Roderic C. Marzo, April 6, however he reportedly continues to function as Acting Mayor until an order issued from the Department of Interior and Local Government (DILG) that installed him last March 27.
He said that he might be liable for dereliction of duty if he ceases and desists from performing his duty without an order from the DILG.
Lawyers identified with Marzo said that there is nothing more for the CA to restrain because the Acting Mayor had been installed by the DILG days before the said TRO was issued.
Moreover, said lawyers opined that the TRO is questionable because only one Justice signed it and that it was not acted upon by the two other justices on the first working day following the holidays.
The same lawyers said that as stated on the said TRO, it must be served to the Office of the President represented y Executive Secretary Paquito Ochoa.
There was no indication that the said TRO has been served on Ochoa because no Order was handed down by that Office through the DILG which installed Marzo as Acting Mayor last March 27, two days before the questioned TRO was issued.
Ranao Star
