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Monday, March 08, 2004
SC rejects guv's plea to stop Ombud probe
GENERAL SANTOS -- The Supreme Curt (SC) dismissed a petition by Sarangani Gov. Miguel Escobar to stop the Office of the Ombudsman from suspending him and his co-accused for their alleged role in a fund scam involving millions of public funds.
In rejecting the petition for prohibition, mandamus and injunction, the Supreme Court (SC) said Escobar's plea was "procedurally flawed."
The SC declined to issue a restraining order on the Ombudsman order, arguing that the office still has jurisdiction over the case.
On Oct. 29 last year, Escobar and his co-accused in the alleged irregular releases of Capitol funds to fictitious cooperatives petitioned the SC to stop the Ombudsman from investigating the case.
The Office of the Ombudsman had ordered the respondents to submit their replies to the complaint filed against them by the Sarangani People's Action for Reform and Good Government (Spare Go).
But the Supreme Court, sitting en banc, said Escobar and his co-accused are merely seeking "to prevent the possible imposition of a preventive suspension on them, which is yet to be ordered by respondent Deputy Ombudsman for Mindanao."
The Office of the Ombudsman ordered Escobar to suspend for 60 days 14 capitol employees who are his co-accused in the case.
A report from the Commission on Audit said the Provincial Government illegally disbursed more than P50 million in 2002 to ghost cooperatives and non-government organizations.
The accused, however, dismissed the charges as baseless and politically motivated.
To be suspended without pay were Mary Ann Gadian, computer operator II; Sherryl Desiree Jane Tangan, local legislative assistant I; provincial accountant Maria Camanay; Amelia Carmela Constantino-Zoleta, daughter and executive assistant III of Vice Gov. Felipe Constantino; provincial administrator Perla Maglinte; provincial agriculturist Romeo Miole and assistant provincial agriculturist Patricio Sol, Suzette Clerigo, accounting department head; Rosario Concon, assistant treasurer; Vivencia Telesforo, management audit analyst III; Marlene Rafael, accountant III; Roselyn Constantino, wife of Malungon Vice Mayor Reynaldo Constantino and head of the pre-audit division; Snooky Banderado, fiscal examiner II and Diosdada Pamplona, management audit analyst II.
The Ombudsman also directed Escobar to immediately implement the suspension order.
Escobar also sought to declare unconstitutional the prohibition against the suspension of elective provincial, city, municipal or barangay officials during the election period without prior approval of the Commission on Elections (Comelec).
The Supreme Court, however, said for it to exercise this power there must be "actual case or controversy, the question of constitutionality is ripe for adjudication, it must be raised by the proper party, it must be raised at the earliest possible opportunity and there must be a necessity for deciding the constitutional question."
The Office of the Ombudmsan has not yet issued any suspension order against Escobar and his co-accused.
Aside from Escobar, those facing graft charges are Vice Governor Felipe Constantino, and Provincial Board Members Margie Rudes, Eugene Alzate, Hernando Sibugan, Redempto Abiso, Teodorico Diaz, Juanito Purisima, Pyang Singcoy, Marlind Marcelo, Jesus Desidilla and Lelibeth Canillo.
Tangan and Gadian were the whistleblowers who exposed the "systematic looting" of the provincial coffers allegedly on orders of high-ranking Sarangani officials.
They went on leave immediately after their exposé and are now believed to be in hiding.
The two, however, have reportedly applied for consideration in the witness protection program of the Department of Justice. Edwin G. Espejo/Aquiles Zonio
(March 8, 2004 issue)
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