City Mayor Lucilo Bayron is facing yet another ouster following the Ombudsman’s reversal of its previous ruling issued in March that paved the way for his reinstatement.
In an 11-page decision dated July 6, 2017, the Ombudsman backtracked from its original ruling issued on Novemeber 18, 2016 downgrading Mayor Bayron and his son Karl’s case “simple dishonesty” and reducing its penalty from permanent disqualification to a 3-month suspension.
In its latest ruling which was prompted by a motion filed by the case complainant Aldrin Madreo, the Ombudsman said the previous decision it had issued was applicable only to Karl, noting that Mayor Bayron had already withdrawn his appeal from the Ombudsman in favor of seeking relief from the Court of Appeals.
“Lucilo Bayron’s administrative case was appealed via Petition for Review in the Court of Appeals and with this move Bayron concluded that the Ombudsman has already lost jurisdiction over the case when the Joint Order was released,” the ruling stated.
The latest Ombudsman flip-flop, however, did not include an order for Bayron to vacate his seat.
The dispositive portion of the new Ombudsman order stated:
“In light of the following facts and events and consonant with the rules on appeal, this Office finds that it had lost jurisdiction over the administrative case as against respondent Lucilo upon the abandonment of his motion for reconsideration before this office and the perfection on February 2, 2017 of his appeal with the CA, Consequently, the Joint Order, insofar as it modifies the 18 November 2016 Decision with respect to respondent Lucilo, is vacated and set aside for having been rendered without jurisdiction. Having ruled so, this Office finds no further need to discuss the other matters submitted by complaimant-movant ih his Motion for Leave to Admit Supplemental Pleading.”
Bayron was reinstated as mayor after the Ombudsman reversed its original order in a March 20, 2017 ruling prompted by his son’s pending appeal. Then incumbent Vice Mayor Luis Marcaida III served as mayor for four months until he was again ordered by the Ombudsman to give way to Bayron and re-occupy his previous position as vice mayor.
Bayron, in a Monday morning interview with local radio station Bandera, said he is confident of winning the case to its final conclusion.
“Walang factual basis dito. Ang basehan na lang dito ay technicality. Dahil abandoned na raw ang ating MR wala na raw sila jurisdiction kaya hindi na raw tayo makinabang sa joint order na decision sa MR ni Karl,” Bayron said.
He dismissed the new Ombudsman order as a “temporary setback”.
Luis Marcaida III, for his part, said he had not intervened in the Ombudsman latest decision over the case.
“Wala akong means in terms of connection lalo na sa pinansyal,” Marcaida said.
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