Ex-GSO head awaits reinstatement after CA order
BACOLOD CITY -- Court of Appeals-Cebu City (Formerly CA Special Twentieth Division) recently ordered Bacolod City Mayor Evelio Leonardia to execute their July 28, 2008 decision reinstating Mr. Jerome Solinap as General Service Officer.
This was confirmed yesterday by Mr. Solinap after he received the writ of execution granted by CA Cebu City last October 15, 2008.
The writ of execution further emphasized that Solinap is rightfully entitled to be immediately restored to his original position and station at the Bacolod City General Services Office.
The pendency of the present petition including petitioner's resort to further judicial action does not preclude such immediate execution in the absence of a restraining order or writ of injunction issued by the Court or the Supreme Court.
Record shows that prior to the case, Mr. Solinap was re-assigned by the Local Chief Executive to the City Mayor's Office to conduct an inventory but this memorandum order was questioned by Solinap. Hence, Mr. Solinap underwent due process that lead him to question the authority of the Mayor.
The court earlier ordered Mr. Solinap to be reinstated because the dismissal against him is illegal and he should be paid all the salary that was withheld by the city government. Solinap further said that if the city failed to restore him, the city government shall be held on indirect contempt based on the issuance of the writ of execution.
The writ of execution was signed by Associate Justice Amy C. Lazaro along with Associate Justice Priscilla Baltazar-Padilla and Associate Justice Franchito Diamante.
On the other hand, City Legal Officer Atty. Allan Zamora awaits the memorandum order by the Mayor to reinstate Mr. Solinap as City General Service Officer. Record further shows that the Memorandum Order No. 81 dated March 21, 2005 ordering the petitioner to be re-assigned at the City Administrator's Office was found not in order.
Meanwhile, Mr. Solinap wished that he will be immediately restored after he was deprived by the city government of his economic benefits due to the reassignment ordered by the Local Chief Executive.