Tupas camp unfazed by Ombud's denial of MR
The legal team of Gov. Niel Tupas Sr. is not affected by their failed bid to have the dismissal order reconsidered.
Recently, Ombudsman Merceditas Gutierrez issued an order denying Tupas' motion for reconsideration of the December 2006 decision finding the governor and Board Members Cecilia Capadosa and Domingo Oso of graft in connection with the release of funds. Gutierrez also meted a penalty of perpetual disqualification from holding government office against Tupas, Oso and Capadosa. The dismissal order led to police commandos storming the Capitol to remove Tupas last month. The timely issuance by the Court of Appeals of a 60-day temporary restraining order prevented the police from bodily removing Tupas from his office.
He is unfazed, lawyer Eugenio Original said of the governor the other day.
Original, a member of Tupas' legal team, said that they have yet to receive a copy of the order denying their motion for reconsideration.
We have been expecting the denial, he said. "We are not affected by it."
Original said they filed the motion last January 17, the day when about 250 police stormed the Capitol building.
Once the order denying their motion for reconsideration is served to them, they will appeal with the Court of Appeals. Original said they will ask the CA to reverse the Ombudsman's decision to dismiss Tupas, Oso and Capadosa.
He explained that the denial has no bearing on their petition for certiorari they earlier filed with the CA division in Cebu. That one was regarding the implementation of the order of dismissal, which was tainted with grave abuse of discretion considering that Tupas could still appeal, Original said.
This time, we will be asking the CA to look into the merits of the dismissal order and ask for its reversal, he added.
"We still have remedies. All is not lost for the governor," Original said, adding that they will bring the case up to the Supreme Court if necessary.