MANILA, Philippines - Officials of the Commission on Elections implicated in the botched ballot secrecy folder deal have asked the Court of Appeals to stop the Office of the Ombudsman from suspending them for six months without pay.
In their petition, Bids and Awards Committee chairman Maria Lea Alarkon; and members Allen Francis Abaya, Maria Norina Casingal, Martin Niedo and Antonio Santella said Ombudsman Merceditas Gutierrez committed grave abuse of discretion amounting to lack or excess of jurisdiction in ordering their suspension without giving them a chance to file their counter-affidavits.
“The petitioners were deprived of their right to due process,” he said.
“There is insufficient evidence to conclude that the evidence of guilt against the petitioners is strong as the bases for the conclusion are nothing but bare allegations alleged in the complaint.
“There is no showing that the petitioners continued stay might prejudice the case against them.”
The Comelec officials believe lack of due process is enough ground to void and set aside the suspension order.
The suspension order was too broad that they were prevented from discharging their regular functions, which are not connected to the charges against them, they added.
They should have only been placed on preventive suspension pending investigation, the Comelec officials said.
Comelec Executive Director Jose Tolentino Jr., the highest poll official suspended by the Office of the Ombudsman, did not join the petition.