THE Supreme Court (SC) Wednesday dismissed a petition filed by detained Major General Jose Barbieto seeking to be released from custody in connection with alleged extortion activities in the enlistment of army applicants.

The SC's Third Division affirmed the August 6, 2008 ruling of the Court of Appeals denying Barbieto's bid to enjoin the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (ODO-Moleo) from implementing its order putting him under a six-month preventive suspension pending resolution of the graft charges filed against him.

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Barbieto is the area command chief of the Philippine Army's 4th Infantry Division based in Camp Edilberto Evangelista, Cagayan de Oro City.

He was similarly charged with Staff Sergeant Roseller Echepare before the ODO-Moleo for grave misconduct and violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Aside from nullifying the ODO-Moleo ruling, the Army general likewise asked the SC to lift the arrest warrant and his subsequent confinement order issued by former Armed Forces chief Alexander Yano.

In a 21-page decision penned by Associate Justice Minita Chico-Nazario, the SC said there is no merit to the claim of Barbieto that his constitutional right to due process was denied when the ODO-Moleo issued the order pending the resolution of the graft charges.

The high court said it is well within the powers of the Ombudsman to preventively suspend any public officer, provided that the essential requisites are present.

The SC took note of the fact that the six-month suspension imposed by the Ombudsman in an Order dated February 2008 already expired on August 28, 2008, thus rendering the petition moot and academic.

"Any ruling by this court, whether affirming or reversing the denial by the appellate court of Barbieto's prayer for temporary restraining order and/or writ of preliminary injunction to enjoin the implementation of said preventive suspension order will no longer serve any practical purpose, because the act sought to be enjoined has long been consummated," the Court said.

It said Barbieto's continued detention as ordered by Yano is justified since Yano's acts ordering his arrest enjoys a "presumption of good faith and regularity," since the assessment and evaluation of evidence towards that end involved findings of facts left to the said tribunal for its conclusive determination.

Concurring with the ruling were Associate Justices Leonardo Quisumbing, Diosdado Peralta, Antonio Carpio, and Roberto Abad.

Named respondents in Barbieto's SC petition were the appellate court, graft investigators, Ombudsman Merceditas Gutierrez, and Army Commanding General Alexander Yano.

Based on records, Barbieto and Echepare face graft charges for alleged extortion of amounts ranging from P25,000 to P 30,000 from applicants to the Army in order to guarantee their automatic enlistment as soldiers without having to go through the process such as written and physical exams.

Aside from the complaints filed before the Ombudsman, the two Army officers also faced violation of the Articles of War (AW) 55 or making unlawful enlistment; AW 97 or conduct prejudicial to good order and military discipline; and AW 96 or conduct unbecoming of an officer and a gentleman.

The two Army officials were also charged for extortion of money from soldiers seeking reinstatement despite previous disapproval of their request by the 4th Infantry Division Reinstatement Board and anomalies in the clearing of payroll of the Balik Baril program fund of the Armed Forces of the Philippines. (JCV/Sunnex)