Bayan Muna assails CA’s TRO favoring ERC commissioners

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Bayan Muna partylist Rep. Carlos Isagani Zarate on Saturday questioned the Court of Appeals (CA)’s issuance of a temporary restraining order (TRO) on the one-year suspension of four Energy Regulatory Commission (ERC) commissioners/

“Why would the CA jump the gun on the Office of the President as to when and who will be appointed as temporary or acting commissioners? Also why would the CA thwart the implementation of the executory decision of the Office of the Ombudsman?” the Makabayan lawmaker said.

The CA blocked the implementation of the suspension order against ERC commissioners Gloria Victoria Yap-Taruc, Alfredo Non, Josefina Patricia Magpala-Asirit and Geronimo Sta. Ana.

“It is very clear in the June 4, 2014 decision of the Supreme Court in the case of Mesa versus Ombudsman (G.R. No. 202303) that Section 7 of the Ombudsman rules, as amended by A.O. 17 is ‘categorical in providing that an appeal shall not stop the decision from being executory, and that such shall be executed as a matter of course’,” Zarate argued.

“Restraining the executory suspension of the erring commissioners may be interpreted as undue interference on the powers and independence of the Office of the Ombudsman, as well as the Office of the President,” he said.