CA lifts suspension order vs 8 Antique board members

The Court of Appeals (CA) has issued a temporary restraining order (TRO), lifting the suspension of eight members of the Antique Provincial Board imposed by the Office of the Ombudsman.

In a nine-page resolution dated 7 November, CA Associate Justice Louis Acosta, with the concurrence of 4th Division Associate Justice Chairperson Marlene Gonzales-Sison and Associate Justice Rex Bernardo Pascual, granted the application for TRO of Antique Board Members Egidio Elio, Rony Molina, Victor Condez, Alfie Jay Niquia, Plaridel Sanchez, Mayella Mae Plameras-Ladislao, Kenneth Dave Gasalao, and Julius Cezar Tajanlangit. 

The CA ordered the “immediate reinstatement” of the petitioners as members of Sangguniang Panglungsod. On 8 November, the petitioners received a copy of the decision through their lawyers.

“Let a TRO be issued effective immediately upon service hereof and for 60 days thereafter, pending the resolution of petitioner’s prayer for the issuance of a Writ of Preliminary Injunction and unless sooner revoked, enjoining herein respondents, their officers and agents, and all persons acting under them from enforcing, implementing and giving effect to the Order dated 1 August 2024 of the Office of the Ombudsman,” the CA resolution read.

The CA also required the board members to post bonds of P100,000 each, and failure to do so would lead to the revocation of the CA’s resolution.

Additionally, the court directed the Provincial Board of Antique to refrain from deliberating or approving the P765 million budget for three items of the Supplemental Budget—which had initially been disapproved by the board—pending the reinstatement of petitioners.

The six-month preventive suspension against the petitioners was initially ordered in August following allegations that the officials “deliberately disapproved” a supplemental budget of P1.075 billion for the province during their regular sessions on May 20 and 27.

The suspension was ordered pending the investigation of their administrative case for gross neglect of duty, grave misconduct, and grave abuse of authority.

In granting the TRO, the CA was convinced of the possibility that the electorate of Antique would be “undeservedly deprived of the services of petitioners” who were duly elected to be members of its Provincial Board.

“At this juncture, it is apt to be mindful that the suspension from office of an elective official, whether as a preventive measure or as a penalty, will undeservedly deprive the electorate of the services of the person they have conscientiously chosen and voted into office,” the CA resolution read.

The Court noted that if the charges against the board members turn out to be lacking in merit, “it may expose them to unwarranted irreparable injury.”

“As such, considering that the possible prejudice or damage caused to an electorate which is summarily deprived of its duly elected representatives is clearly not susceptible to pecuniary estimation, it then ineluctably follows that the suspension of an elective official, if done so without basis, constitutes an irreparable injury which could be the proper subject of a TRO,” the resolution added.