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Thursday, December 11, 2003
Ombud cries foul over TRO issued by judge
By Raquel C. Bagnol and Edwin G. Espejo
THE director of the Office of the Ombudsman for Mindanao said on Wednesday a Regional Trial Court judge in Alabel, Sarangani, who issued a temporary restraining order (TRO) against the Office of the Ombudsman on Friday, has violated the law.
In a phone interview, Ombudsman director Rodolfo Elman told Sun.Star that RTC Judge Jaime Infante "has violated the law and we are contemplating to initiate the necessary action against Infante if he continues with his action. He has no legal basis to issue the restraining order because only the Supreme Court and the Court of Appeals are authorized by the law to issue a TRO against us."
Infante earlier issued a TRO against the Office of the Ombudsman to prevent the latter from enforcing its own order on several accused Sarangani officials and employees to answer the graft charges filed against them by a non-government organization.
The circular referred to by Elman provides that "no writ of injunction shall be issued by any court to delay investigation being conducted by the Ombudsman... unless there is prima facie evidence that the subject matter... is outside the jurisdiction of the Office of the Ombudsman."
Infante earlier ordered the Office of Ombudsman for Mindanao to submit its position paper within ten days and explain why an injunction order should not be issued against the anti-graft body.
The Ombudsman for Mindanao earlier ordered Sarangani governor Miguel Escobar and his co-accused to submit their counter-affidavits on the complaint filed by the Sarangani People's Action for Reform and Good Government (Spare-Gogo).
Escobar, along with Vice Governor Felipe Constantino and members of the provincial board, and several high-ranking capitol employees, are facing graft charges in connection with the controversial releases of government funds to non-existing cooperatives and other ghost projects.
In its complaint, Spare-Gogo claimed more than P41 million in government funds were reportedly 'systematically looted' from the government coffers in 2002.
The bulk of the releases were also reportedly still unliquidated as of October, according to the Commission on Audit, which conducted an investigation into the alleged anomalous transactions.
Several lawyers in Sarangani said Infante may have overstepped his authority when he issued the restraining order against the Ombudsman. In June 1999, the Supreme Court issued an administrative circular enjoining the power courts to exercise "utmost caution, prudence and judiciousness in issuance of temporary restraining orders and preliminary injunctions" in graft cases involving government officials.
The circular reasoned out that issuance of such orders will "grievously" hampered by innumerable petitions.
The new circular, issued in June this year, was signed by Court Administrator Presbitero Velasco.
(December 11, 2003 issue)
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