Dumaluan gets TRO, regains mayor's seat

REFUSING to die with nary a fight, Panglao Mayor Doloriech Dumaluan regained his seat three days after peacefully vacating the town's top seat in favor of an Ombudsman's suspension order. In a telephone interview last Friday over a local radio station, Mayor Dumaluan personally told his supporters over the airlanes that he has regained the seat he vacated for Vice Mayor Pedro Fuertes who assumed as Mayor Monday.

The recent TRO was Dumaluan's second convenient escape from suspensions. In December 2005, a similar ruling saved his butt from being alienated from the town's top seat following a preventive suspension meted for him. On the strength of a temporary restraining order (TRO) issued in favor of the disgraced Panglao mayor issued by the Court of Appeals (CA), February 1, however, the mayor lived to fight another day.The TRO rendered the Dumaluan suspension over simple misconduct not enforceable until another 60 days or unless sooner lifted or dissolved by the Court.

In the resolution penned by Associate Justice Romeo F. Barza, the CA found Dumaluan's prayer for the issuance of a TRO meritorious considering a pending petitioner's instant petition for certiorari. The Dumaluan suspension came out from an administrative case arising from a complaint for violation of the Anti-Graft and Corrupt Practices Act filed by Councilors Telesforo Mejos, Cereno Hormachuelos, Dennis Hora, town treasurer Rene Guivencan and budget officer Catalino Sumaylo.

Complainants alleged that Dumaluan, while claiming Representation and Transportation Allowance (RATA) from the town, the mayor also charged P5,661.23 to the town for gasoline purchased for his personal vehicles. The Ombudsman decision said Dumaluan also admitted that he fueled his private vehicles at the expense of the town. However, in an effort to clear his side, the mayor said the Commission on Audit has yet to make a ruling why the municipal treasurer never disallowed the claim despite knowing that he collected his RATA. Over the pending question which the respondent wants settled ahead, the CA has granted the preservation of the status quo while the certiorari case is still being heard.

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