GOVERNOR ENRIQUE T. GARCIA, JR., AURELIO C. ANGELES, JR., EMERLINDA S. TALENTO AND RODOLFO H. DE MESA, VS. COURT OF APPEALS 12

Ruling

Accordingly, The Secretary, Department of the Interior and Local Government, or his duly authorized representative is directed to implement this Order against GOVERNOR ENRIQUE T. GARCIA JR. , ATTY. AURELIO C. ANGELES JR. , EMERLINDA S. TALENTO , and RODOLFO H. DE MESA , and to thereafter notify this Office within five (5) days from receipt hereof of their compliance herewith. All herein respondents are directed to file within the period of ten (10) days from receipt hereof, their counter-affidavits and the affidavit of their witness/es, if any, duly subscribed and sworn to before a notary public or any authorized officer, and such other controverting evidence, copy furnished the complainant. This Order is immediately executory pursuant to Ombudsman Memorandum Circular No. 01, Series of 2006, in relation to paragraph 1, Section 27 of R.A. 6770, and Section 7, Rule III, Administrative Order No. 7, Rules of Procedure of the Office of the Ombudsman, as amended , and in accordance with the ruling in Ombudsman v. Court of Appeals . Let it be known that refusal by any officer without just cause to comply with this Order shall be a ground for disciplinary action against said officer as provided in paragraph 3, Section 15 of R.A. 6770. SO ORDERED . [17] Questioning the preventive suspension and wary of the threatening and coercive nature of the Ombudsman's Order, petitioners, on November 10, 2008, filed with the CA the petition, docketed as CA-G.R. SP No. 106026, for certiorari , prohibition and mandamus with an urgent prayer for the issuance of an injunctive relief. [18] On November 14, 2008, the appellate court issued the assailed Resolution, [19] which pertinently reads: Without necessarily giving due course to the petition for certiorari , private respondents are hereby DIRECTED to file their COMMENT thereon, and not a motion to dismiss, within ten (10) days from notice hereof. Petitioners are given five (5) days from receipt of said comment within which to file reply. Action on the injunctive relief prayed for is held in abeyance pending receipt of the pleadings ordered filed or until the period to file the same shall have lapsed. SO ORDERED.