CA orders reinstatement of suspended accountant

The Court of Appeals recently ordered the immediate reinstatement of a Carmen municipal accountant who was suspended last year for alleged malversation and illegal use of public funds.

In an eight-page decision, promulgated last June 16, the CA's special ninth division declared the Ombudsman suspension order against accountant Dinah Barriga, and the letter of Carmen mayor Virginio Villamor implementing the order both null and void.

Signing the CA's ruling were Associate Justices Arsenio Magpale, division chief, Enrico Lanzanas, and Ramon Bato Jr.

The Ombudsman, on August 10 and September 3, last year, ordered Villamor to suspend Barriga from service for one month and the mayor subsequently implemented the directive of the anti-graft body on November 2.

Barriga elevated the case to the appellate court arguing that the Ombudsman issued an order "beyond its authority," while imposing upon the mayor to effect the suspension against her.

The CA agreed with Barriga that the Ombudsman, while it is empowered to enforce sanctions against erring public officials, it can only "recommend" for the latter's removal, suspension, and demotion, among others.

The CA said the "Ombudsman went beyond mere recommending but rather imposed upon the mayor to implement the order of suspension"- an act that should "not be permitted and tolerated."

Barriga's earlier motion at the Supreme Court for reconsideration of the Ombudsman order was also not determined yet, so the implementation of the suspension was deemed still premature.