Daluz asks CA to stop implementation of suspension order
THE camp of Cebu City Councilor Joey Daluz III has filed a petition for the issuance of a temporary restraining order or a writ of preliminary injunction before the Court of Appeals (CA) against the implementation of his six-month suspension.
Lawyers Rey Gealon, Floro Casas and Anthony Silvestrece said suspending Daluz will deprive the public of the services they deserve, considering that they elected the latter as their councilor.
“When the people have elected a man to office, it must be assumed that they did this with knowledge of his life character and that they disregarded or forgive his fault or misconduct, if he had been guilty of any,” they said, citing a 1959 jurisprudence (Pascual vs. Provincial Board of Nueva Ecija).
“It is not for the court, by reason or such fault or misconduct, to practically overrule the will of the people,” the jurisprudence added.
The Office of the Ombudsman-Visayas suspended Daluz for six months and a day without pay over the alleged dubious rise of his personal properties worth over P1 million in 2007.
They said that Daluz failed to sufficiently explain the sudden increase of his personal properties from zero in his 2006 Statement of Assets, Liabilities and Net Worth (SALN) to P1,029,000 in his 2007 SALN.
In his petition, however, Daluz said that his personal properties increased since he inherited the properties of his late mother Inday Nita Cortes Daluz.
His marriage was also annulled and their properties with his former wife were divided between them.
Vice Mayor Edgardo Labella lamented that Daluz was being punished for inheriting the properties of his parents.
“I even know many people that own millions in personal properties and money but they don’t disclose it because it cannot be seen. What can easily be seen are real estate properties and lot titles,” he said.
Labella hopes that the CA will rule in favor of Daluz. (PAC)
Source: Local News
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