Bacolod Sangguniang Panlungsod Secretary Nilo Alejandrino filed a petition for certiorari under Rule 65 with prayer for temporary restraining order before the Regional Trial Court Branch 44 Thursday, the same day he was meted the penalty of dismissal .

The case was filed against Vice Mayor Jude Thaddeus Sayson, Councilors Homer Bais, Dindo Ramos, Roberto Rojas, Caesar Distrito and City Legal Officer Joselito Bayatan, by his legal counsel Lorenzo Alimaza said yesterday.

The 18-page petition for certiorari questioning the jurisdiction and authority of the Office of the Vice Mayor over the administrative case filed by Distrito against Alejandrino was filed at 9:10 a.m. on February 16, Alminaza said.

He said Sayson, the disciplining authority, issued a decision dismissing Alejandrino at 5 p.m. the same day.

Alejandrino was meted by Sayson the penalty of dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service.

In his decision dated Feb. 16, Sayson found Alejandrino liable for grave misconduct, abuse of authority, conduct unbecoming and unprofessional conduct, based on the complaint of Distirto.

Alminaza said that under the Civil Service rules, they still have 15 days to file their appeal.

A preliminary hearing was held yesterday and the judge will render a decision anytime on their request for a 20-day TRO.

Alminaza said they questioned the jurisdiction and authority of Sayson to act as the disciplining authority to conduct and to file the case, citing Sections 85, 86 and 87 of the Local Government Code.

He said it is only the mayor who can act as the investigating body and that this is backed up by the LGC and the jurisprudence by the Supreme Court.

When Alejandrino was meted a suspension of 60 days, they filed an appeal with the Civil Service Commission questioning the jurisdiction of the disciplining authority, But until now, the CSC has not rendered a decision yet.

In interview over ABS-CBN yesterday Alejandrino claimed that he was not given justice under what he called a “kangaroo court,” apparently referring to the proceedings taken of the Office of the Disciplining Authority.

He said he believes that it is the city mayor who has jurisdiction and authority to decide on the termination of a government employee. “I believe the truth will come out when the case is heard by the Civil Service Commission,” he added.

Meanwhile, Distrito said “The dismissal was long overdue, although I understand that the disciplining authority and the investigating committee have to strictly observe and comply with the provisions of the Uniform Rules in Administrative Cases in the Civil Service (URACCS).”

They had to contend with the left and right motions filed by the camp of Alejandrino, and resolve them, which were clearly made to delay the proceedings, he said. “I am satisfiedwith the decision as his (Alejandrino’s) failure to submit his position paper was considered as a waiver on his part,” he added.

Distrito said the decision also vindicated him, as it upheld his accusation that Alejandrino clearly violated his rights when he (Alejandrino) shouted defamatory words, challenged him to a fight, threw a chair twice towards him, and insulted his disability, in violation of the Magna Carta Against Persons with Disability.

“I considered it as a triumph of sorts for my advocacy in protecting people with disability,that they should not be insulted or else the offender will suffer the same consequence,” he said.*CGS

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