Tuesday, August 26, 2008 Army general's plea to stop suspension junked
THE Court of Appeals (CA) dismissed the motion filed by an Army major general seeking the issuance of a temporary restraining order (TRO) to enjoin the Office of the Ombudsman from implementing its order putting him under a six-month preventive suspension pending resolution of the graft charges filed against him.
In a resolution issued by Associate Justice Japar Dimaampao, the CA Thirteenth Division held that the petitioner Major General Jose Barbieto failed to show "clear and unmistakable right" entitling him to the issuance of a writ of preliminary injunction and/or TRO.
Barbieto, area command chief of the Army's Northeastern and Northern Mindanao Fourth Infantry (Diamond) Division, together with Staff Sergeant Roseller Echepare, have been charged before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (Moleo) for grave misconduct and violation of Republic Act (RA) 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The two Army officials are being accused of demanding between P25,000 to P30,000 from Army applicants in exchange for automatic enlistment without having to go through the process, such as written and physical exams.
The Ombudsman-Mole issued an order on February 29, 2008 putting the two under preventive suspension following the filing of complaints against them.
The anti-graft body said the suspension order is immediately executory under Section 27 of RA 6770 (Ombudsman Act of 1989) notwithstanding any motion, appeal or petition that may be filed by the said military officers.
"After due consideration of the factual circumstances of the instance case, we find no compelling reason to issue an injunctive writ and/or temporary restraining order," the CA said.
The CA further said Barbieto failed to demonstrate extreme urgency, as well as great irreparable injury that he may suffer what would warrant the lifting of his suspension pending the resolution of his petition for certiorari.
Aside from the complaints filed before the ombudsman, Barbieto and Echepare are facing 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.
Former Armed Forces chief Hermogenes Esperon Jr. ordered court martial proceedings against the two based on the recommendation of the Judge Advocate General's Office which found probable cause to put them on trial.
Barbieto is the second Army major general to be tried by a court martial. The first was former AFP deputy chief of staff for comptrollership Carlos Garcia who was convicted by the court and subsequently dishonorably discharged from the service. (ECV/Sunnex)
