The Court of Appeals has dismissed the premature petition of a mayor in Sindangan, Zamboanga del Norte and three barangay officials to stop their ouster over alleged anomalies in issuing cockfighting permits.

The CA stressed that the petition filed by Sindangan, Zamboanga del Norte Mayor Rosendo Labadlabad and three barangay officials was premature because they have a pending motion for reconsideration questioning the Office of the Ombudsman’s dismissal order against them.

To recall, the Sindangan mayor — along with barangay chairperson identified as Antonio Mohametano, Zosima dela Cerna and Joselito Espinas — filed a temporary restraining order or writ of preliminary injunction on their ouster.

However, the CA said that their requests were “noted without action.”

The ruling of the Office of the Ombudsman was received by Labadlabad on 13 December 2023, prompting him to file a motion for reconsideration.

But before the MR could be resolved, a petition before asking the CA for a temporary restraining order and/or writ of preliminary injunction to stop their dismissal from the service.

The CA 23rd Division, in its 5 January resolution, said they have to wait for the motion for reconsideration to be resolved. They may only file an appeal before the CA within 15 days from notice of the denial of their motion.

It noted that their petition only attached a photocopy of the Ombudsman decision and did not include the pertinent pleadings.

Labadlabad and the three barangay officials were ordered dismissed from service by the Ombudsman for grave misconduct in connection with the issuance of permits for the fiesta celebration to allow cockfights that were allegedly conducted outside the duly licensed cockpit of the municipality.