OMALAHOKAN
“DURA LEX, SED LEX”
by Atty. Francisco D. Yap

Perpetual means forever. Disqualification means not qualified.

Appeal is not a constitutional right. It is not part of due process, if it is not provided by law. If appeal is not provided by law, it becomes final and executory. Since it is final and executory then it can be enforced immediately, even if there is a pending motion for reconsideration.

In the Ombudsman law R.A. 6770, (1) “All provisionary orders of the Office of the Ombudsman are immediately effective and executory.” Hence, the only remedy is by independent action for Certiorari with the Supreme Court, or with the Court of Appeals, because an independent action for certiorari, is not an appeal, but a separate independent case wherein the lower or lower administrative agency is being sued for lack of jurisdiction or serious or grave abuse of discretion amounting to lack of jurisdiction.

Hence, the only remedy of Governor Degamo is to file an independent action for certiorari with the Supreme Court or with the Court of Appeals, under the doctrine of hierarchy of Courts. But to get a temporary restraining order, which is good only for a number of days because it is temporary, one must prove that grave and irreparable injury will be inflicted on the petitioner unless the same is restrained.

Hence, it is necessary to prove that your petition for Temporary Restraining Order (TRO) and/or Preliminary Injunction must be shown on its face as meritorious.

However, among practitioners, a TRO and/or a preliminary injunction could be obtained from the higher courts for considerations other than the merits of the case. However, not all divisions or justices are corrupt. Hence, hopefully it will not be raffled to a friendly court. Even President elect Duterte, brought it up to the Supreme Court that this is a source of corruption, and that it should do something about TRO’s being sold by corrupt judges.

The Supreme Court under the Constitution has original jurisdiction over certiorari cases, hence, even in cases where there is no appeal allowed, the Supreme Court or the Court of Appeals, under the doctrine of hierarchy of Courts may issue a TRO or Preliminary Mandatory Injunction.

The only remedy for Governor Degamo is not to prevent the service of the decision and immediate execution and enforcement of his dismissal and perpetual disqualification from office, BUT TO GET OR BUY A TRO.

Receive the copy of the Resolution because you cannot file a Certiorari unless you receive a copy. Do not be surprised if a copy of the Resolution is served together with a writ of execution because decisions of the OMBUDSMAN is immediately executory even if there is a pending motion for reconsideration.

Ours is a government of laws and not of men. Even if you believe that the decision is illegal or unfair or wrong, still the rule of law shall prevail. Nobody is above the law.

“DUR ALEX, SED LEX” HARD MAY BE THE LAW BUT IT IS THE LAW.

Perpetual disqualification is imposed because the government does not want corrupt officials to hold a public office, whether elective or appointive. Your landslide vote becomes immaterial and irrelevant.

Accept the Joint Resolution of the OMBUDSMAN AND THE WRIT OF EXECUTION, otherwise you and your cohorts will be guilty of another crime – OBSTRUCTION OF JUSTICE.


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