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Thursday, December 09, 2004
Ocon vows payback vs colleagues
By Lizanilla J. Amarga
NOW that the preliminary injunction order against his 30-day suspension is out, lone opposition Councilor Zaldy Ocon vowed to make some of his colleagues pay for humiliating him in front of the public by ejecting him from the Council Session Hall last Nov. 4.
The majority members of the City Council will respect the writ of preliminary injunction issued by Regional Trial Court branch 20 presiding Judge Gregorio Pantanosas and allow Ocon to attend the regular City Council session.
Ocon said he would be filing a case of damages against the city councilors who booted him out of the City Council Session last Nov. 4 despite the status quo order then issued by Pantanosas.
"Kay ila man gyud akong gipakaulawan (Because they have really humiliated me)," he said.
Earlier, majority of the administration city councilors signed two resolutions putting Ocon under a 30-day suspension without pay and subjecting him to a public reprimand.
But Ocon alleged that he was not given due process and immediately filed a civil case seeking for the court to issue an injunction and/or annulment of the two resolutions with damages amounting to around P200,000.
The case was raffled to Regional Trial Court Branch 20 with Judge Gregorio Pantanosas, Jr. as the presiding officer. The judge then issued a five-day status quo order.
Ocon for his part attempted to attend the City Council session last Nov. 4 bringing the status quo order but he was told to get out of the session hall. A police was even ordered to escort Ocon out.
"Kinahanglan bayaran nila ang ilang pagpakaulaw nako niadtong panahona kay klaro kaayo ang order sa korte nga dili pa epektibo kadtong ilang pagsuspenso kanako pero ila na akong gipagawas dayon (They have to pay for humiliating me at that time as it is very clear in the court order that the resolution suspending me is not yet effective but they have immediately kicked me out)," he said.
He added that the writ of preliminary injunction to enjoin the involved City Hall officials from implementing the two City Council resolutions will form part of his evidences once he files the damages suit in court.
Meanwhile, Assistant City Legal Officer Mart Maandig said they would be respecting the preliminary injunction issued by Pantanosas against the resolutions suspending Ocon without pay and putting him under public reprimand.
"We will respect the writ of preliminary injunction. "We will be filing certiorari or motion for reconsideration," he told Sun.Star Cagayan de Oro Wednesday.
In his preliminary injunction order, Pantanosas said there would be "irreparable damage" should City Councilor Zaldy Ocon be barred from attending the City Council Session and from performing his functions as duly elected official.
"The Court also realizes that a denial of the prayer for preliminary Injunction will result in irreparable damage to petitioner as he would be deprived from attending and performing his function as a duly elected official in the last election," his two-page order reads.
On the other hand, Pantanosas believes that the maintenance of status quo thru injunction will "hardly prejudice" the city councilors who signed the two resolutions putting Ocon on 30-day suspension and subjecting him to a public reprimand.
"...besides the interest of the respondents will be empty protected by the injunction bond put up by the petitioner when the Writ of Temporary restraining Order was issued," he said.
Pantanosas then issued a writ of preliminary injunction in favor of Ocon. "The Court, in the interest of justice and equity, hereby grants the injunction prayed for...," he said.
He ordered Vice Mayor Michelle T. Spiers, Councilors: Edgar S. Cabanlas, Annie Y. Daba, Ian Mark Nacaya, Jose Benjamin A. Benaldo, Alfonso C. Goking, Reynaldo N. Advincula, Maryanne C. Enteria, Benmarc P. Garcia, Simeon V. Licayan, Alexander S. Dacer, Caesar Ian E. Acenas, Juan Y. Sia and from enforcing the questioned Resolutions.
Pantanosas said these officials and those under them must not prevent Ocon from attending the City Council sessions and from performing his duties as City Councilor of Cagayan de Oro City including from withholding his salaries until further orders from this Court.
(December 9, 2004 issue)
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