Court of Appeals stops suspension of Neri

MANILA, Philippines - The Court of Appeals (CA) yesterday ordered the deferment of the suspension order against Social Security System (SSS) president Romulo Neri.

In a two-page resolution penned by Associate Justice Pampio Abarintos, the appellate court issued a Temporary Restraining Order (TRO) to the Office of the Ombudsman against implementing the suspension order on Neri for 60 days.

Neri filed a petition for review with the CA last week seeking to restrain the Ombudsman from implementing the suspension order after it found him guilty of misconduct in connection with his role in the botched $329-million national broadband network (NBN) deal with Chinese firm ZTE Corp.

Neri accused the Ombudsman office of abusing its discretion when it pushed for his suspension even pending resolution of his appeal.

In the two-page resolution, the CA’s 10th division ordered the Ombudsman against suspending Neri pending the final resolution of his petition.

Lawyer Harry Roque Jr., of the Concerned Citizen’s Movement (CCM), said the CA’s issuance of a TRO was premature and without legal basis.

Roque, who was among those who initiated the complaint against Neri, said the resolution issued by the CA is different from the order given in open court during the hearing on the TRO last Monday.

“During the hearing, the justices resolved that they will not yet resolve the issue, and wait for our written comment. After we submit our comment, that is the time that the entire case will be submitted for resolution, including the TRO,” Roque said.

Roque said the resolution issued by the CA last Oct. 7 gave the group of former Vice President Teofisto Guingona ten days to file their written comment.

“Hence, this resolution issued on Oct. 13 is at best premature and at worst questionable and without legal basis, because that is not what the justices announced in open court and agreed upon by the parties,” Roque pointed out.

The Ombudsman ordered the suspension of Neri for his alleged misconduct for refusing to disclose the details of his supposed conversation with President Arroyo regarding the NBN-ZTE deal. Neri at the time was serving as socio-economic secretary reviewing the contract with ZTE.

During the Senate inquiry over the issue last year, Neri alleged former elections chairman Benjamin Abalos Sr. offered him a bribe to approve the NBN deal with ZTE.

Neri though remained mum on the details of his conversation with the President regarding the irregularities surrounding the contract.