Thursday , June 21, 2018

Bacolod legal office: CA resolution seen before March 21

BACOLOD City Legal Office (CLO) head Joselito Bayatan said Wednesday that before March 21, they expect a resolution granting a preliminary injunction on the dismissal case of Mayor Evelio Leonardia.

Leonardia, who is facing a dismissal order from the Office of the Ombudsman which found him guilty for grave misconduct and gross neglect of duty in the procurement of furniture and fixtures amounting to almost P50 million in 2008, has 60 days to make his case.

On January 20, the Court of Appeals (CA) Visayas Station 18th Division in Cebu City granted a 60-day TRO to Leonardia.

The mayor has been ordered to post a bond of P100,000.

Bayatan said on February 7, the Ombudsman made a comment to the petition that the mayor is not covered by the Aguinaldo doctrine.

“We have sufficiently answered that already,” he said.

Bayatan explained that the Aguinaldo doctrine was abandoned only on April 12, 2016 and the mayor’s alleged administrative violation was supposedly committed before that.

“So we are still covered by Aguinaldo doctrine,” he said.

In granting the TRO to Leonardia, the CA's order stated that the abandonment of the condonation doctrine should not have a retroactive effect as to prejudice the petitioner for the acts he committed when said doctrine was still recognized" and that "petitioner's reliance on the defense of condonation prior to its abandonment should be respected.