Court issues 3-day TRO vs Echiverri suspension order | Inquirer News

Court issues 3-day TRO vs Echiverri suspension order

/ 01:04 AM January 10, 2012

The Caloocan City Regional Trial Court issued a temporary restraining order (TRO) Monday stopping the Department of the Interior and Local Government (DILG) from implementing a six-month preventive suspension order against Mayor Enrico Echiverri, City Treasurer Evelina Garma, Budget Officer Jesusa Garcia and City Accountant Edna Centeno.

The DILG was scheduled to implement the order on the same day against the city officials who are accused of not remitting more than P340 million of city hall employees’ contributions to the Government Service Insurance System.

The complaint was filed by Vice Mayor Edgar Erice.

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Relief

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Although Echiverri, Garma, Garcia and Centeno managed to seek temporary relief from the Court of Appeals in August of last year, the appellate court ruled on January 2 that the Office of the Ombudsman, where the complaint was filed, did not commit grave abuse of discretion when it issued the order.

City Administrator Russell Ramirez announced the issuance of the three-day TRO before some 200 supporters who had barricaded in front of city hall to show their support for the city executives.

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Echiverri, however, was not present when the announcement was made.

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The TRO was issued by Executive Judge Eleanor Kwong in response to a declaratory relief with prayer for temporary restraining order and/or writ of preliminary injunction Echiverri’s camp filed early Monday.

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Preventive

The TRO was given hours after Interior Secretary Jesse Robredo reportedly signed the suspension order.

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In the copy retrieved by the Inquirer, Kwong said the TRO was issued “to maintain public order” and prevent “uncontrolled violence or chaos” between the supporters of the mayor and the vice mayor who had set up barricades around city hall.

Kwong said the order was “not intended to subvert” the ruling of the appellate court.

Status quo

“…It is issued for the purpose of preserving the status quo ante pending resolution of the petitioners’ motion for reconsideration therein,” the order read.

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A separate motion for reconsideration was filed by Echiverri’s camp in the court of appeals late Friday afternoon. Mei Go, Echiverri’s legal counsel, had said the suspension order could not be served until the motion had been acted upon.

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