Court grants TRO; Cam Norte governor staves off dismissal

CAMARINES Norte Gov. Edgardo Tallado and his wife Josie in this photo taken in 2013
JUAN ESCANDOR JR./INQUIRER SOUTHERN LUZON FILE PHOTO

NAGA CITY—The Court of Appeals has granted Camarines Norte Gov. Edgardo A. Tallado a temporary restraining order (TRO) against Ombudsman Conchita Carpio Morales and Interior Secretary Ismael Sueno and other Department of the Interior and Local Government personnel in connection with the dismissal order against him dated April 18, 2016.

In its April 18 decision, Morales found Tallado guilty of grave misconduct and oppression/abuse of authority with the aggravating circumstance of recidivism and meted the penalty of dismissal from service with the accessory penalties of cancelation of eligibility, bar from taking any Civil Service Examination, forfeiture of retirement benefits and perpetual disqualification for reemployment in the government service.

The case stemmed from the dismissal of 48 personnel formerly appointed by former Gov. Jesus Typoco Jr.

But Tallado claimed he had issued a memorandum reinstating one  petitioner on Oct. 20, 2015, while acting Gov. Jonah Pimentel  reinstated other petitioners to their respective positions on Jan. 4, 2016.

Pimentel, the incumbent vice governor, took over as acting governor after the Ombudsman issued the one-year suspension order on Tallado on Oct. 2, 2015. The suspension order was the Ombudsman decision on the separate administrative case filed by the dismissed provincial veterinarian against Tallado.

After Tallado won the May 2016 elections, he again took over as governor.

But on Nov. 15, the April 18, 2016, Ombudsman dismissal order was enforced by the Department of Interior and Local Government.

Tallado, in asking the Court of Appeals for review, claims that the condonation doctrine applies to him citing the case of Morales vs. Court of Appeals and Binay Jr./rga