RTC blocks Bautista termination order

20-day reprieve for Yaranon appointees

BAGUIO CITY (Nov. 8) — They won their legal battle in the first round when the Regional Trial Court of this summer capital city issued a temporary restraining order which stopped for 20 days Acting Mayor Reynaldo Bautista Jr. in removing these appointees of suspended mayor Braulio Yaranon from their respective offices.

In round two of the legal battle, Judge Antonio M. Esteves of RTC 5 issued an injunction order dated October 31st which stops the office of the acting mayor from removing the Yaranon appointees.

The injunction will be effective while the said court will determine, in round three, if Acting Mayor Bautista has the power to dismiss employees who have co-terminus – being primarily confidential and personal staff – with suspended Mayor Yaranon whose term ends in June 2007.

The injunction order was received early this week by petitioners Atty. Conrado Bueno, appointed by Yaranon as Secretary to the Mayor; Mark Anthony Baliton, appointed as Executive Assistant II; Jose Maria Rivera, as Executive Assistant III; Floripes Gonzalo, appointed as Executive Assistant I; Voltaire Acosta, appointed as Executive Assistant I; and, Emmanuel Reyes, appointed as Security Officer IV.

The said appointees were ordered dismissed on Sept. 21 by Jose S. Dacawi, Officer of the City Human Resources Management Office, upon the authority of acting mayor Bautista.

Atty. Bueno admitted from this writer that they welcome with happiness the latest court order. He, however, failed to give further comments as to the main issue as they need to present their cause in the hearings set by the court.

Acting mayor Bautista through Dacawi invoked section 46 of the Local Government Code where it gives power to the acting mayor to dismiss employees. The court will determine however in a court hearing if said power is applicable to the petitioners who are confidential and personal staff of suspended mayor Yaranon.

The hearing of the merits of the case was set by Judge Esteves on November 21 and December 14 at 9:00 o’clock in the morning, Nordis learned from RTC Branch 5.

It can be recalled that Yaranon was suspended for two six months by the Office of the President for alleged abuse of authority and oppression after the Jadewell Parking Corporation filed a case against him when he (Yaranon) issued an order stopping Jadewell from collecting parking fees, clamping and towing vehicles whose owners failed to pay for said fees.

Yaranon yielded his position to Bautista on September 29 but he questioned to the Court of Appeals his suspension by the OP. # Arthur L. Allad-iw for NORDIS