CEBU CITY – On technicality, the Court of Appeals (CA) in this city dismissed the petition filed by Mayor Michael Rama and seven other City Hall officials who challenged their suspension ordered by the Office of the Ombudsman (OMB).
The dismissal, in effect, affirmed the suspension order.
PHOTO via Cebu province FB
In a resolution, the CA dismissed the petition filed by Rama and other officials for their failure to exhaust administrative remedies by filing a motion for reconsideration before OMB before elevating the issue before the appellate court.
“A motion for reconsideration is a condition precedent to the filing of a petition for certiorari under Rule 65 of the Rules of Court, as amended. Although the Court has recognized exceptions to the requirement, petitioner failed to allege meritorious grounds in the petition why it was not availed of before filing the instant petition,” a portion of the decision penned by Associate Justice Rosario Rhea Mae Binalla of the CA said.
Ombudsman Samuel Martires had ordered the suspension of Rama and seven other City Hall officials over a complaint filed by four city government workers.
The four workers of the City Assessor’s Office filed the complaint after they were reassigned to another department and were not paid their salary for 10 months.
After Rama’s suspension, Vice Mayor Raymond Garcia assumed office as this city’s acting mayor.
Upon his assumption, Garcia ordered to fast-track the release of the unpaid salaries of the four workers.
Garcia has also ordered an investigation over the alleged harassment against the four workers.