THE Supreme Court (SC) has ordered the Office of the Ombudsman to respond to Cebu City Mayor Michael Rama’s petition against his six-month preventive suspension order. The SC’s en banc has given the Ombudsman a non-extendible 10-day period to file its comment on Rama’s petition and prayer for a temporary restraining order, according to a press statement issued by the high court on Tuesday, August 20.
“Praise the Lord that the Supreme Court took cognizance of it,” Rama told SunStar Cebu in a phone interview on Tuesday.
“Let the Supreme Court resolve it,” he added.
The petition, filed last Aug. 12, challenges Section 24 of Republic Act (RA) 6770, or the Ombudsman Act of 1989, and Section O, Rule 3 of Administrative Order (AO) 7 or the Rules of Procedure of the Office of the Ombudsman, as amended, as they apply to elective local officials such as Rama.
Rama’s camp also requests the SC to vacate the Ombudsman’s suspension order against him.
Section 24 of RA 6770 pertains to the preventive suspension of officers or employees under the Ombudsman’s authority.
The Ombudsman or the deputy has the authority to preventively suspend any officer or employee pending an investigation if they determine that the evidence of guilt is strong.
The suspension can occur under specific circumstances:
if the charge involves dishonesty, oppression, gross misconduct, or neglect in duty; if the charge could lead to removal from service, and if the continued presence of the respondent in office could prejudice the ongoing case.
The preventive suspension lasts until the case is resolved by the Office of the Ombudsman, but it cannot exceed six months.
Section O, Rule 3 of AO 7 sets the guidelines in issuing the preventive suspension.
Rama’s camp filed the petition before the SC following the Court of Appeals’ (CA) dismissal of Rama’s earlier petition filed last May 17, citing a lack of meritorious grounds and failure to exhaust other legal remedies before filing for certiorari. The CA also noted that Rama’s camp had not filed a motion for reconsideration with the Office of the Ombudsman.
The original suspension order, issued on May 8 by Ombudsman Samuel Martires, affects Rama and seven other city officials, namely City Administrator Collin Rosell, Rosell’s wife former City Assessor Maria Theresa Rosell, lawyer Francis May Jacaba, Angelique Cabugao, Jay-Ar Pescante, Lester Joey Beniga, and Nelyn Sanrojo.
The suspension stems from a complaint filed by four Cebu City Hall employees–Filomena Atuel, Maria Almicar Diongzon, Sybil Ann Ybañez and Chito dela Cerna–who alleged that their salaries were withheld for 10 months.
Joselito Baena, one of Rama’s legal counsels, expressed surprise at the quick action by the SC, given that the petition was only recently filed. / EHP