Cops storm Iloilo capitol, but Tupas saved by TRO
WV GOVERNORS CONDEMN VIOLENCE

Gov. Niel D. Tupas, Sr.

ILOILO CITY — The Court of Appeals issued a 60-day temporary restraining order against the enforcement of the dismissal order against Iloilo Gov. Niel Tupas Sr., minutes after hundreds of fully armed policemen assaulted the provincial capitol.

The two-page order released by the CA in Cebu City at 4:30 p.m. barred the Office of the Ombudsman, Department of Interior and Local Government and other government agencies from removing Tupas from office until the appellate court lifts the TRO.

The order signed by Associate Justices Francisco Acosta, Agustin Dizon and Isaias Dicdican was issued to “preserve the staus quo” and to “defend the rights” of the petitioners.

Police aim their guns at the children of Gov. Tupas, led by BM Niel Tupas Jr., as the latter tries to stop the police from entering the Governor’s Office in order to forcibly implement the dismissal order against the local chief executive.

The much-awaited copy was received by the office of the governor minutes after the assault force composed of policemen from the regional police mobile group and anti-riot teams smashed and destroyed padlocked and barricaded doors in their attempt to arrest Tupas and seize control of the capitol.

“Justice will always prevail,” a teary-eyed and jubilant Tupas repeatedly shouted as his lawyers read the TRO to the media as around 20 members of the assault force stood around 50 meters away from his office.

Hundreds of employees and his supporters erupted into cheers, cried and hugged each other as the TRO was read.

The policemen later, withdrew from the five-story building with the employees booing and heckling them.

CONDEMNATION

Antique Gov. Salvacion Zaldivar-Perez, chairperson of the Regional Development Council, condemned the armed assault on the capitol.

“This is terrible. This is like a police state. How could they beat up the people there? Shame on them (policemen),” Perez said in a telephone interview.

The policemen, under orders from Chief Supt. Wilfredo Dulay, regional police chief, started the assault at around 3:40 p.m. after they broke through the front gate leading to the main entrance of the building.

Anti-riot teams backed by an armored personnel carrier pushed hundreds of Tupas’ supporters at the main entrance as other policemen armed with M-16 rifles broke the doors at the back entrance.

Employees and Tupas’ supporters cried and shouted as the assault team deployed themselves floor by floor in the five-story building.

Tupas’ son, provincial board member Niel Jr., suffered bruises as policemen shoved and forced him to lie on the floor at gunpoint.

TEARS AND PRINCIPLES

Earlier in the morning, the governor broke into tears as he vowed to stay in office even after the 48-hour deadline for dismissed and suspended local officials to vacate their posts expires today.

“I vow that they cannot forcibly remove me from office. I am ready to offer my life to stand by my principles and the rights of the people whom I have sworn to uphold,” Tupas said in a press conference at the provincial capitol.

The 74-year-old governor’s voice cracked and he cried openly as he thanked his supporters who have camped out for four straight days at the grounds of the provincial capitol to block his removal from office.

Interior Secretary Ronaldo Puno issued an order on Tuesday giving the dismissed local executives until today to leave their offices.

RIGHT TO APPEAL

Tupas and his lawyers insisted that the immediate implementation of the dismissal order of the Ombudsman is illegal because they still have the right to appeal the case and question the order in court.

“I have not experienced anything like this in my 30 years in public office because I have observed due process,” said Tupas.

Lawyers of Tupas and dismissed provincial board members Domingo Oso and Cecilia Capadosa yesterday morning filed a 13-page petition for review before the CA.

The petitioners also asked the CA to issue a temporary restraining order and preliminary injunction against the enforcement of the dismissal order.

Named respondents were Puno, Ombudsman Merceditas Gutierrez, newly-installed officials Gov. Roberto Armada and Vice Gov. Emmanuel Gallar, and officials of the Peoples Graft Watch of Iloilo Inc., which filed the graft cases against the petitioners.

The petitioners accused the Ombudsman and the DILG of “grave abuse of discretion and gross ignorance of the law” when the offices ordered the enforcement of the dismissal of Tupas.

SUPREME COURT RULINGS

They cited five recent rulings of the Supreme Court which said that only decisions of the Ombudsman on administrative cases that involve the penalty of public censure, reprimand or suspension of not more than one month, or a fine not equivalent to one month salary are executory and non-appealable.

In separate orders dated Dec. 4, the Ombudsman found Tupas, Oso and Capadosa guilty of grave misconduct for illegal disbursements and contributions to the board members league of the province.

It ordered the dismissal of officials, the cancellation of eligibility, forfeiture of retirement benefits, and permanent disqualification from government service.

Armada and Gallar had called on Chief Supt. Wilfredo Dulay Sr., Western Visayas police chief, to enforce the order dismissing Tupas.

They said Tupas and his followers are committing sedition by continuing to hold office, seizing control of the provincial capitol and preventing the newly-installed officials from holding office. (BY NESTOR P. BURGOS JR.)

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