Tuesday, April 17, 2007 CA denies bid for TRO on suspension; Lapu officials to answer complaint
THE Court of Appeals (CA) has shot down yet another temporary restraining order application against the anti-graft order that preventively suspended two city mayors and 17 others for their alleged participation in the Asean summit lamps mess.
In an order signed by Associate Justices Pampio Abarintos, Priscilla Baltazar-Padilla and Stephen Cruz, the Cebu-based 20th Division of the appellate court found “no urgent or compelling reason” to grant one to the petitioners.
The petition was filed by Director Roberto Lala and eight others, all of the Department of Public Works and Highways (DPH) regional office, and was filed last April 4.
Lala, Assistant Directors Marlina Alvizo and Gloria Dindin, regional legal officer Agustinito Hermoso, department heads Luis Galang, Restituto Diano Buena-ventura Pajo, Cresencio Bagolor and Pureza Fernandez argued that their preventive suspension was invalid.
Through lawyer Ferdinand Berongoy, they said the anti-graft office committed grave abuse of discretion in enforcing the suspension and that it even violated Sections 24 and 26 of its own rules in carrying it out.
Section 24 of Republic Act 6770, or the Ombudsman Act of 1989, pertains to preventive suspensions. Section 26 defines the policy on inquiries.
In a separate move, Lapu-Lapu City Mayor Arturo Radaza and three others asked the Office of the Ombudsman-Visayas that they be served a subpoena together with a copy of the complaint and all evidence against them so they can answer the allegations against them.
They said their suspension jeopardized the City Government’s services.
They invoked their rights to fair play and due process provided for in Section 5, Rule III of Administrative Order 07 or the Rules of Procedure of the Office of the Ombudsman.
The provision mandates that a respondent shall be furnished with a copy of the affidavits and other evidence submitted by the complainant, if the complaint is docketed as an administrative case.
It also provides that a respondent shall be ordered to file his counter-affidavit and other evidence within 10 days from receipt, together with proof of service.
“The undersigned cry out that we be heard to dissipate any doubt against us,” Radaza, City Engineer Julito Cuizon, Assistant City Engineer Fernando Tagaan Jr. and engineer Rogelio Veloso said in a joint April 11 letter addressed to Santiago.
They said that until now no subpoena or summons has been served to them and that the long wait has caused untold damage to their reputations and good name, as well as sleepless nights.
In their petition before the appellate court, the DPWH officials also said that the anti-graft office played judge and executioner at the same time by ruling that the evidence against them is strong even before a formal investigation can begin.
But the appellate court did not delve on the issues raised.
Instead, the court simply ordered that the ombudsman to submit its comment on the petition within 10 days from receipt. The petitioners have five days from receipt of the comment to submit their reply.
The 18th and 19th Divisions had struck down similar applications by Mandaue City Mayor Thadeo Ouano and Mayor Radaza.
The anti-graft office, in an order dated March 29, placed the officials concerned under preventive suspension for six months, while it looks deeper into the allegedly overpriced lamps and streetlights bought for the Asean summit last January.
Some 2,300 lamps and streetlights were purchased for P365.87 million and were put up in the cities of Cebu, Mandaue and Lapu-Lapu.
Ouano cited politics in his petition and argued that his suspension gives “undue advantage to (his) political opponents, especially during the onset of the election season.”
He decried how the anti-graft office acted with “grave abuse of discretion” in placing him and his fellow Mandaue City officials under suspension, adding that there is “no justifiable reason and strong evidence” against them.
City Engineer Hidelisa Latonio, Gregorio Omo, Alfredo Sanchez, Mario Gerolaga and Rosaline Denque, all members of the Mandaue City Engineer’s Office, also signed the petition prepared by lawyer Gloria Lastimosa Dalawampu.
For his part, Radaza, in the petition filed by City Attorney Vicente Lim described the suspension order as “atrocious, arbitrary, highhanded and shocking.” (KNR/AIV)
