WITH THE Department of the Interior and Local Government (DILG) poised to implement his dismissal from office, the camp of Iloilo City Mayor Jed Patrick Mabilog said they will readily ask for a temporary restraining order (TRO) from the Court of Appeals.
Lawyer Joenar Pueblo, Mabilog’s legal counsel, earlier said he will file a petition for certiorari under Rule 65 of the Revised Rules of Court, with the prayer for the issuance temporary restraining order (TRO) before the Court of Appeals today, Oct. 30, or Nov. 2.
But DILG officer-in-charge Catalino Cuy said he already sent a directive to Anthony Nuyda, DILG regional director in Western Visayas, to serve the dismissal order to Mabilog.
Cuy said the implementation of the order will be implemented this week.
Mabilog does not have to physically present for the dismissal order to take effect, he added.
Amid their move to stop the dismissal, Pueblo said they will abide by the order of served.
“Pero kung indi gid sila mapunggan, wala kita may mahimo. Ang amon lang nga pangabay nga hulaton nga maka-file kami sang petition for a TRO,” Pueblo said.
(But if they can’t be stopped, we couldn’t do anything about. What we are asking is for them to wait until we could file a petition for a TRO.)
If the DILG would insist, Pueblo said they would just contest the dismissal order before the CA and even the Supreme Court.
But Pueblo believes that the dismissal order should be served personally. If the person is not there to personally received it, then it should go through publication, he added.
“Obviously, we have no power to receive it. It’s a specific order and we have no authority to receive it,” the lawyer said.
While they await the DILG to serve the order, Pueblo personally believes that Mabilog’s allies and supporters will not resort to violence.
“Knowing Mayor Mabilog, he’s not someone who would cling on to his post,” he added.
Last week, the Office of the Ombudsman confirmed Mabilog’s dismissal after he was found guilty of serious dishonesty for his alleged questionable wealth.
President Duterte has also repeatedly accused Mabilog of being a narco-politician, which the latter denied.