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Thursday, January 18, 2007
Batangas guv asks court to void suspension order
MANILA -- Embattled Batangas Governor Armando Sanchez, one of the alleged victims of the Ombudsman's "midnight" dismissals and suspensions, asked the Court of Appeals (CA) Wednesday to invalidate his suspension.
The Office of the Ombudsman in an order dated Sept. 26, 2006 imposed a six-month preventive suspension on Sanchez.
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In a 15-page petition, the petitioner, through his counsel Ferdinand Topacio, asked the appellate court to issue a temporary restraining order (TRO) to stop the Office of the Ombudsman, Department of Interior and Local Government (DILG), and the PNP from enforcing his suspension.
The beleaguered governor also asked the CA to enjoin Vice Governor Richard Recto, brother of Senator Ralph Recto, from assuming the post of the governor and from exercising any of its powers and functions, prior to the proper and formal proceedings in the case.
"This is a case crying to the heavens for justice," Sanchez said, saying the order of the Ombudsman to suspend him is unconstitutional and should be voided for having been issued without or in excess of jurisdiction, because such suspension is banned during the election period, which started last January 14.
The Omnibus Election Code should "commence 90 days before the day of the election and shall end 30 days after."
The petitioner cited Article 261 of the election code, which allows suspensions during the election period, with the sole exception being suspensions relating to violations of Republic Act (RA) 3019 or the Anti-Graft Law.
Under the Anti-Graft Law, only those public officials facing criminal charges may be suspended during the election period.
Topacio said in the case of his client, there is as yet no information filed against him.
"The ban on suspensions were intended to prevent the harassment, intimidation, or vexation of officials during elections, so as to obviate any undue advantage over them by their political opponents. The suspension of petitioner at the very onset of the election period will defeat this purpose," he said.
Sanchez's lawyer insisted that the proceedings in which the suspension order was made was administrative in nature; thus, there can be no "criminal prosecution" and no "valid information" because these exist only in criminal proceedings.
Topacio further assailed the action of the DILG to implement the order only last January 16, well within the election period, to cause the greatest adverse effect upon him.
"It smacks of the disreputable practice of 'midnight appointments' or 'last-minute deals' that has met with much opprobrium in times long past, benighted times, which must be left behind," he added.
Sanchez further said the Ombudsman has no direct power to suspend, but merely to make recommendations to the superior officer of the official concerned.
Records showed that on Sept. 2, 2005, Recto filed a complaint affidavit before the Ombudsman against Sanchez and 15 other officials of the Provincial Government, alleging of irregularities in the province's P350 million real property tax computerization project.
On Nov. 16, 2005, the Ombudsman issued an order preventively suspending Sanchez and other respondents in the Recto complaint for "initial findings of irregularities." In the same order, however, the Ombudsman found that "there was no clear showing that (petitioner) was aware of the irregularities in the bidding."
Recto then filed his motion for reconsideration of the Ombudsman order but adduced no additional evidence to support his claim.
In his complaint, he alleged that Sanchez approved the computerization contract with a small company without securing the necessary approval of the Provincial Board (PB).
Rector further alleged that the majority stockholders of the companies who undertook the computerization project are daughters of Sanchez's sister, Myrna Sanchez Federico.
He claimed that the companies were dummy corporations and served as fronts to hide Sanchez's identity behind the alleged scam.
Opposition senatorial aspirant Aquilino "Koko" Pimentel III, son of Senate Minority Leader Aquilino Jr., advised local executives facing suspension or dismissal to question the legitimacy of the order even as he called on the DILG to give them time to appeal their case.
"The recent suspension and the dismissal of elected local executives is rather alarming as the Ombudsman, from which that order emanates from, can only discipline but not dismiss elected officials," said Pimentel.
United Opposition (UNO) president and Makati mayor Jejomar Binay said the suspension and dismissal of local executives is a serious matter, adding that it fits into a pattern by which the administration wants to muzzle the opposition before the May 14 elections.
Binay challenged the Malacañang to suspend and dismiss politicians allied with the administration to show that it is not implementing "selective justice" in the present situation. (ECV/AH/Sunnex)
For more Philippine news, visit Sun.Star Dumaguete. (January 18, 2007 issue)
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