DANAO City Mayor Ramon “Nito” Durano III got another reprieve from the Court of Appeals (CA).
The CA converted its 60-day temporary restraining order into a writ of preliminary injunction, which stopped the Office of the Ombudsman from suspending Durano for three months without pay.
“After carefully going over the contention brought forth by the petitioner together with the documentary evidence appended in the present petition, the court believes that a writ of preliminary injunction should lie,” read the CA resolution penned by Associate Justice Romeo Barza.
In April this year, the CA Manila’s special 7th division issued a 60-day temporary restraining order barring the ombudsman and the Department of Interior and Local Government from enforcing Durano’s suspension. The restraining order expired last June 9.
In its decision dated June 2, 2016, the Ombudsman-Visayas suspended Nito for allegedly refusing to release the payment for back wages and leave credits of seven Danao City Hall employees in 2013.
Portia Pacquiao, graft investigator and prosecution officer, suspended the mayor after finding him liable for simple neglect of duty.
The case stemmed from the administrative complaint filed by seven City Hall workers, who accused Nito of violating Republic Act 6712 (Code of Conduct and Ethical Standards for Public Officials and Employees).
Durano filed a petition before the appeals court and argued that the ombudsman lacked basis in finding him liable for simple neglect of duty.