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Tuesday, September 30, 2003
CA tackles petition of 3 agents
By Grecar Nilles
THREE other agents of the National Bureau of Investigation (NBI) 7 will get the chance to present their case before the Court of Appeals in relation to the botched operation last Dec. 13.
After NBI 7 agent Arnel Pura secured a prohibitory injunction from the Court of Appeals (CA), the appellate court also reinstated the three agents’ petition for temporary restraining order (TRO) it earlier dismissed.
NBI agents Rey Tumalon, Teodoro Saavedra and Danilo Garay complied with the requirements for the petition, so the appellate court will look into their case.
Comment
With the reinstatement, the CA gave the Office of the Ombudsman-Visayas 10 days from receipt of the order to comment on the three NBI agents’ petition.
Their lawyer Celso V. Espinosa, in a two-page motion, reiterated with the appellate court the need for the issuance of a TRO, which would prevent the anti-graft office from implementing its dismissal order.
He said a TRO should be issued against the anti-graft office while their petition for review is pending with the appellate court.
Espinosa said his clients have been suspended since January and that they have been religiously complying with their obligation in the case.
“On equitable and humanitarian consideration, taking into account the fact that they have been under suspension since January, the (NBI agents) do hereby humbly move anew for the issuance of a TRO, or such other appropriate judicial processes pending resolution of (our) petition for review,” the motion read.
Defer implementation
Ombudsman Director Virginia Palanca-Santiago said they already sent a communication to NBI Chief Reynaldo Wycoco to defer the implementation of the anti-graft office’s order against the NBI agents, with Pura’s prohibitory injunction and the reinstatement of petition of the other three NBI agents.
Santiago also said that in case the NBI agents had not been given their salary at the time they were suspended, the agents’ salary should be given to them until there is a final resolution on the case.
Pura, Garay, Saavedra and Tumalon were among those who were ordered dismissed from service for the botched operation against a suspected drug lord last Dec. 13, which led to the strafing of a Plantation Bay van that was carrying hotel employees.
On top of their dismissal, the four are also facing criminal charges for multiple frustrated murder with the Mandaue City Regional Trial Court for the incident.
(September 30, 2003 issue)
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