MANILA, Philippines—The Court of Appeals has issued a 60-day temporary restraining order (TRO) stopping the implementation of an order of the Ombudsman suspending Social Security System president Romulo Neri for misconduct related to the $329-million national broadband network deal.

The appellate court’s Tenth Division issued the TRO on Tuesday, a day after hearing Neri’s petition questioning the Ombudsman’s findings of misconduct and its order suspending him for six months starting April 21, 2009.

“(Public) and private respondents, or any officers or persons acting for and in their behalf, are temporarily enjoined from implementing the Ombudsman’s order … within a period of 60 days, unless sooner lifted by this court,” the court ruling said.

Neri, in his petition, argued that the Ombudsman committed grave abuse of discretion when it ordered his suspension without acting on his motion for reconsideration.

The Ombudsman found him guilty of misconduct for his participation, as then director general of the National Economic Development Authority, in the government’s multibillion-peso deal with China’s ZTE Corp. for the development of a national broadband network.

Lawyer Harry Roque, counsel for the Concerned Citizens’ Movement that sued Neri, said the TRO was “premature.”

“During the hearing (on Monday), the justices resolved that they would not yet resolve the issue, and would wait for our written comment. After we submit our comment, that is the time the entire case will be submitted for resolution, including the appeal for a TRO,” Roque said.

“Hence, this resolution issued on Oct. 13 is at best premature and at worst questionable and without legal basis,” Roque said. Norman Bordadora