By Paulo Loreto Lim

Bacolod City Mayor Evelio Leonardia was granted a preliminary injunction for his dismissal case against the Office of the Ombudsman. The decision, signed earlier this week by Associate Justice Germano Francisco Legaspi of the 18th division Court of Appeals-Visayas Station, prohibits the enforcement of the ruling by the Ombudsman.
In his ruling, he cited past cases against former Bataan Governor Enrique Garcia, Jr. and former Makati City Mayor Jejomar ‘Jojo’ Binay, Jr. in which the “Aguinaldo Doctrine,” also known as the Condonation Legal Doctrine, were invoked in granting injunctions.
In their defense, the Office of the Ombudsman believed the issuance of an injunction would “encroach on the Ombudsman’s rule-making powers,” citing Rule III, Section 7 of Administrative Order No. 07, or the Rules of Procedure of the Office of the Ombudsman.
The section notes, “A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course” and “the Office of the Ombudsman shall ensure that the decision shall be strictly enforced and properly implemented.”
The judge ruled the mayor’s argument was not “satisfactorily rebuffed” and wrote, “Petitioner’s claim of condonation prior to its abandonment stands.”
The argument against the use of the condonation rule was brought up in a motion to inhibit, recently filed against the said court by journalist and chair of the Negros chapter of Mothers and Relatives against Tyranny and Repression (MARTYR) Edgar Cadagat.
The Supreme Court already ruled against the use of the doctrine “because of its absurdity and impracticability,” he argued, adding Leonardia’s respondents, all subordinates of the mayor, have been dismissed and stripped of entitlements of their previous positions, while Leonardia is currently “absolved because of this Aguinaldo Doctrine.”
Cadagat called it “contravention” to command responsibility, writing, “Its application would, in effect, be ‘Commander has no responsibility.’”
Prior to that, former Provincial Board Member Victor Puey penned a letter to the court, also requesting the division inhibit itself, and asked for a re-raffle, claiming the case was already prejudged in the mayor’s favor.
He pointed to a March 2, 2017 issue of a local newspaper with a headline reading “Mayor’s camp expects preliminary injunction.” Puey notes, with the said newspaper under ownership of the mayor’s family, “This only goes to show that they already expect and are sure of a favorable ruling.”
Meanwhile, Bombo Radyo Bacolod published screenshots featuring social media updates by members of the mayor’s Grupo Progreso coalition, made around midday yesterday, anticipating “good news.”
The injunction was officially enacting following the payment of a P100,000 bond by Leonardia’s camp./WDJ