PENDING its decision on a petition to stop the ouster of Mayor Lucilo Bayron of Puerto Princesa, Palawan the Court of Appeals (CA) has ruled that the order of the Office of the Ombudsman (OMB) for his dismissal shall not be immediately executory.
In a four-page resolution dated February 9, 2017, the CA just Noted Without Action the plea of Bayron for a temporary restraining order (TRO) to stop the ruling of Ombudsman Conchita Carpio-Morales to dismiss him from the service.
It opined that “there is no convincing or telling proof that the OMB directed or requested the DILG to implement the order of dismissal. Such alleged request or directive is a bare assertion barren of weight and significance.”
The appellate court said the petition of Bayron is premature since there is a pending motion for reconsideration before the Office of the Ombudsman.
The opinion was rendered by the CA 8th Division, dated February 9, 2017, penned by Associate Justice Japar Dimaampao and concurred in by Justices Franchito Diamante and Carmelita Salandanan-Manahan.
“Petitioner’s [Bayron] thesis does not pass judicial muster. Appropriately, he should wait for the resolution of the Motion for Reconsideration before he can seek relief through the instant petition. Indeed, by filing the instant petition, he defeated the very purpose of the Motion for Reconsideration,” the document read.
Bayron and his son Karl were ordered dismissed by the OMB for serious dishonesty and grave misconduct in connection with the latter’s appointment as project manager of Bantay Puerto-VIP Security Task Force in 2013.
In a decision by the Ombudsman on December 15, 2016, the Bayrons were ordered disqualified from holding public office, their eligibility was canceled and retirement benefits forfeited.