Appeals court lifts Avisado suspension
The Court of Appeals has issued a Temporary Restraining Order against the suspension of Davao City administrator Wendel Avisado and two other City Hall officials.
The Ombudsman has placed Avisado, city engineer Jose Gestuveo and Canal Maintenance Unit chief Yussof Jimlani under preventive suspension for six months for the demolition of the P2 million Nograles Park which sits atop a main canal in Quezon Blvd.
Speaker Prospero Nograles filed the case seen as initial fireworks at City Hall that he aims to capture in the 2010 elections.
Nograles, on his last term as congressman, would be battling the mayoral throne with Vice Mayor Sara Duterte, daughter of Mayor Rodrigo Duterte who is on his last term.
Avisado led City Hall workers in Monday’s flag raising ceremony, after arriving from Manila to follow up on the motion he filed with the appeals court, to announce the good news.
Two weeks ago, Avisado bowed down to the Ombudsman order and went on leave along with Gestuveo and Jimlani, a former Army colonel appointed by Mayor Duterte to supervise the city canal maintenance unit.
We were never given a copy of the Ombudsman order, Avisado told city hall workers in his speech as he announced he is back into action after the Court of Appeals issued the TRO which effectively stopped the suspension of the three officials.
He said the meat of their motion with the appeals court was based on the argument that they were not given due process by the Ombudsman.
Avisado said he expects Speaker Nograles to go to the Supreme Court to contest the appeals court TRO.