| source : Inquirer.net | |
| Monday, 25 August 2008 17:13 | |
|
In a four-page resolution, the appeals court’s 13th division, through Associate Justice Japar Dimaampao, said Major General Jose Barbieto failed to show any clear proof that he is entitled to a temporary restraining order or writ of preliminary injunction against his suspension. "After due consideration of the factual circumstances of the instance case, we find no compelling reason to issue an injunctive writ and/or temporary restraining order," the court said. The Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Ombudsman-MOLEO) imposed the six-month preventive suspension against Barbieto after he was charged with grave misconduct and violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. Barbieto, former chief of the Army's 4th Infantry (Diamond) Division based in Cagayan de Oro, was charged along with Staff Sergeant Roseller Echepare for allegedly charging between P25,000 to P30,000 to allow applicants to enlist without having go through written and physical exams. Barbieto and Echepare are also facing violation of the Articles of War 55 or making unlawful enlistment, and 97 or conduct prejudicial to good order and military discipline, while the general faces the additional charge of violating Article of War 96 or conduct unbecoming of an officer and a gentleman.
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