By Felix ‘Boy’ Espineda, Jr.
SORSOGON CITY, 06Oct2013 (BicolToday.com) – Dismissed Sta. Magdalena, Sorsogon mayor Alejandro Gamos petition with the Court of Appeals 13th Division was resolved on September 27 after it was filed September 23, this year. The appeal was resorted by Gamos after the Ombudsman dismissed him from government service for grave misconduct during his incumbency in 2007. The offense carried dismissal from the service which was meted in full by the anti-graft body.
Gamos through counsel filed with the Court for Injunction with Prayer for Preliminary Injunction and Issuance of a Temporary Restraining Order versus the Hon. Austere Panadero, DILG Undersecretary, Dir. Blandino Maceda of DILG RV, Hon. Gerald Mosqueda, Deputy Ombudsman for Luzon and all persons, agents, officers acting under their orders and authority.
The Appellate Court 13th Division issued a Resolution signed by Justice Isaias Dicdican and concurred by Justice Michael Elbinias and Justice Nina Antonio-Villanueva, the dispositive portion sad; ” Without necessarily giving due course to the petition filed in this case, the respondents are required to file their comment on the petition (not a motion to dismiss) as well as to show cause why the petitioners prayer for issuance of a temporary restraining order and /or writ of preliminary injunction should not be granted, within ten(10) days from notice hereof, which comment shall be considered as their answer to their petition should it be given due course . . .”
The ten day period shall depend upon receipt of the respondents of the order of the appeals court said a lawyer here after which, petitioner shall be made to answer in five days upon receipt of the reply of the respondent before the issuance, if ever, of the petition for injunction with issuance of temporary restraining order.
The case at bar was docketed as CA Case No. 181868.