MANILA, Philippines ? The Court of Appeals has deferred issuing a temporary restraining order against a move by the Office of the Ombudsman to suspend Social Security System President Romulo Neri.

Instead, the appeals court 10th division issued a resolution setting a hearing on October 12 and requiring Neri and a representative from the Office of the Ombudsman to appear.

Neri went to the Court of Appeals asking that a TRO be issued against his six-month suspension.

The Ombudsman found Neri guilty of misconduct for his role in the scuttled $329-million project between the Philippine government and China?s ZTE Corp.

Neri during the Senate inquiry last year alleged that he was offered a bribe by former elections chairman Benjamin Abalos Sr. but the former socioeconomics and planning secretary refused to divulge information about his conversation with President Gloria Macapagal-Arroyo on the ZTE contract.

In his petition, Neri said the Ombudsman abused its discretion when it decided to suspend him.