Armada not giving up
Iloilo Vice Gov. Roberto Armada is not giving up on his fight against Governor Niel Tupas relative to the recent dismissal order issued by the Office of the Ombudsman.
Armada has asked the Supreme Court to reverse the Court of Appeals' ruling that barred the implementation of the Ombudsman's order dismissing Gov. Niel Tupas Sr. from office.
In a 29-page petition for certiorari filed on April 4, Armada along with provincial board member Emmanuel Gallar asked the High Court to nullify the March 15, 2007 ruling of the CA's 18th Division in Cebu for "grave abuse of discretion amounting to lack/excess of jurisdiction."
Named respondents were the Court of Appeals, Tupas and provincial board members Cecilia Capadosa. and Domingo Oso Jr.
In their petition filed by their lawyers Manuel Justiniani and Rita Bascos-Sarabia, the petitioners said the appellate court erred when it declared that the Dec. 4. 2006 decision of the Ombudsman dismissing Tupas, Capadosa and Oso from office for graft were not immediately executory pending appeal.
The petitioners also said that the CA committed grave abuse of discretion "when it arbitrarily and capriciously" issued a permanent injunction based on the allegations of the respondents that the copies of the decisions of the Ombudsman and the order to implement issued by DILG were photocopies.
The petitioners maintained that the dismissal order was legally served by Interior regional director Evelyn Trompeta.
The Ombudsman ordered Tupas and the board members dismissed after finding them guilty of graft for allocating a total of P85,000 to the provincial board members' league.
The CA on March 15 issued a permanent injunction against the implementation of the dismissal order against Tupas and the two provincial board members. It said the order to immediately execute the dismissal of the three officials was "null and void."
It also said that Tupas and the other respondents were denied due process when the Ombudsman and the DILG implemented the dismissal order. It pointed out that Tupas and the other officials ordered dismissed were not duly served copies of the Ombudsman decisions.
Armada and Gallar also asked the High Court to issue a temporary restraining order against the enforcement of the permanent injunction.
They said the TRO is necessary because finances of the provincial government are "in great danger of being utilized in their (Tupas) private benefits."
They pointed out that the governor is running for re-election while his sons Niel Jr. is running for congressman of the fifth district of Iloilo. Another son Raul is running for re-election as mayor of Barotac Viejo town while the governor's youngest child Nielex is a candidate for councilor in Iloilo City.