Ben Madilynn
WHEN OMBUDSMAN DECISION BECOMES FINAL, EXECUTORY. If the penalty imposed by the Ombudsman is public censure, reprimand, suspension of not more than one month, or fine equivalent to one-month salary, the decision is “final and executory” and cannot be appealed.
That rule obviously doesn’t apply to the cases of Mayor Rama and Mayor Cortes. Each mayor may appeal to the Court of Appeals within 15 days from receipt of the written notice of the Ombudsman order or decision denying his motion for reconsideration.
Rama or Cortes has the right to file one, “only one,” motion for reconsideration or reinvestigation within 10 days from receipt of the Ombudsman order or decision imposing the penalty.
The motion for recon or reinvestigation shall be based on any of two grounds: newly discovered evidence that would materially affect the decision; grave errors of fact or law, or serious irregularities prejudicial to the accused mayors.
APPEAL WON’T STOP DECISION OR ORDER FROM BEING EXECUTORY. The mayors’ lawyers must know how that rule works to fit in, or harmonize with, the Comelec rule that it cancels the COC of the dismissed public official unless restrained by a court TRO or temporary restraining order.
No TRO, no stopping in COC cancellation. Apparently, the Comelec won’t freeze cancellation of COC if it doesn’t get the TRO, the order — not just the fact of filing and perfecting the appeal with Court of Appeals.
WINDOW FOR RAMA OR CORTES is the opportunity to get the TRO before the Comelec cancels his COC and doesn’t count his votes. Not a big window or, more aptly, not a wide path, given the slow, cluttered pace of most court processes.
EVEN IF TROUBLED MAYORS KEEP THEIR NAMES IN THE BALLOT, there is the other battle Rama and Cortes must win: the race for the votes. Would they survive the bad publicity and possible backlash the penalty of dismissal brings? If they’d earn voters sympathy instead and overcome the crisis and triumph, would they win in court too so as to resume their service in government? They could win the May election and yet still be penalized.
Rama promised Friday, October 4, “to tirelessly stand and fight for what each Sugboanon deserves.” Standard rhetoric, changed on sourcing, with BagOng Sugbo, purportedly Franklyn Ong’s party, added to “Barug-Team Rama.”
EACH IS A VETERAN ON CRISES IN POLITICS, yet the task is daunting. They didn’t see this coming — an assault from enemy forces, in the form of disciplinary process against offenses they would scoff at before — or they did but couldn’t avert it. Mayor Cortes said he was not surprised. It could just be the beginning. The operation looks like it’s multi-layered and multi-step.
