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Wednesday, December 10, 2003
Judge issues TRO v. Ombudsman
By Edwin G. Espejo
A REGIONAL Trial Court (RTC) judge in Alabel, Sarangani issued a temporary restraining order (TRO) Friday against the Office of the Ombudsman preventing from enforcing its own order to several accused provincial officials and employees.
The order was for the accused to answer the graft charges filed against them by a non-government organization (NGO).
RTC judge Jaime Infante also ordered the Office of Ombudsman for Mindanao last week 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 Gov. 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 Gov. Felipe Constantino and members of the Provincial Board (PB), and several high-ranking capitol employees are facing graft charges in connection with the controversial releases of government funds to non-existing cooperatives and 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 (COA), which conducted an investigation into the alleged anomalous transactions.
Several lawyers here said Judge 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 lower 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 cited Section 14 of Republic Act No. 6779, otherwise known as Ombudsman Act of 1989, which provided 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."
The circular reasoned out that issuance of such orders will be "grievously" hampered by innumerable petitions.
The new circular, issued in June this year, was signed by Court Administrator Presbitero Velasco.
(December 10, 2003 issue)
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