Ombudsman rules, motion cannot stop suspension

CEBU, Philippines - Deputy Ombudsman for the Visayas Pelagio Apostol said a motion for reconsideration cannot stop the suspension order issued against three city employees.

“The herein respondents filing of the motion for reconsideration cannot stay, defer or stop the immediate implementation of the subject preventive suspension order,” Apostol said in response to a letter from Mayor Michael Rama asking for guidance.

To corroborate, Apostol cited Section 7, Rule III of Administrative Order No. 7. 

Earlier, Rama asked the Office of the Ombudsman-Visayas for guidance as to the implementation of the order after respondents Juanito Pua Jr., head of the construction division of the City’s Department of Engineering and Public Works; June Nadine Sison, assistant city engineer; and Joel Pasatiempo, project inspector, filed a motion for reconsideration.

The respondents, accused of graft and corruption, were preventively suspended for six months without pay pending preliminary investigation.

In his earlier order, Apostol said their office found sufficient evidence to suspend the respondents based on the complaint filed by Robert Montenegro.

Aside from the unresolved incident, Rama likewise asked the anti-graft office whether or not the order can be carried out during the election period.

Apostol mentioned Section 261 (x) of the Omnibus Election Code.

“In the present case, there is no prohibition for your good office to immediately enforce the preventive suspension order upon the respondents who are all appointed (not elected) public officials,” he said.

Montenegro, a private contractor who owns the Fe & A Construction Services doing business with the Cebu City government, filed a case of grave misconduct against the city engineers.

He alleged they demanded a brand new computer and a “high-tech” camera from him.

He also said the respondents also refused to release the ten percent retention money amounting to P150,000 of the road concreting project that he had undertaken in Barangay Toong despite several follow-ups.

The respondents denied the allegations.  They said they suspended the projects of Montenegro in Barangay Pahina Central based on a report of the “poor quality” of the contractor’s projects.

Reportedly, Montenegro handles the stone masonry work in Barangay Pahina, Sitio Riverside and Sanciangko St.  –(FREEMAN)