Court of Appeals junks petition to stop suspension of Comelec execs in folder scam

MANILA, Philippines - The Court of Appeals (CA) junked yesterday the petition for a temporary restraining order to stop the suspension of officials of the Commission on Elections (Comelec) that were implicated in the allegedly anomalous ballot secrecy folder deal in the automated polls last May.

The CA rejected the plea of the suspended poll executives to get a temporary restraining order against Ombudsman Merceditas Gutierrez, who ordered the suspension of the poll officials without pay for six months for their supposed involvement in the overpriced ballot secrecy folder project.

In a two-page resolution, the special 15th division of the appellate court allowed the Comelec to implement the Ombudsman’s order against Comelec Bids and Awards Committee chairman Maria Lea Alarkon, BAC members Allen Francis Abaya, Maria Norina Casingal, Martin Niedo, and Antonio Santella pending the resolution of their petition seeking to nullify the order.

“In this case, there is no clear showing of a right claimed, which necessitates their entitlement to an injunctive relief. Moreover, it must be emphasized that an application for injunctive relief is construed strictly against the pleader. Wherefore, petitioners’ prayer for injunctive relief is hereby denied,” stated the ruling.

Instead, the CA ordered the Office of the Ombudsman to explain the suspension order it issued against petitioners 10 days from receipt of notice.

“Without meaning to give due course to the instant petition, respondents are directed to file a comment thereon (not a motion to dismiss) within 10 days from notice. Petitioners may file a reply within 5 days from receipt of respondents’ comment,” said the resolution penned by Associate Justice Magdangal de Leon.

In their petition last week, the suspended Comelec officials alleged that the Ombudsman committed grave abuse of discretion amounting to lack or excess of jurisdiction when it issued the suspension order without giving them a chance to file counter-affidavits.

“The petitioners were deprived of their right to due process. 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,” they argued.

They said the lack of due process is enough ground to nullify and set aside the suspension order implemented through Comelec’s Memorandum last July 29.

The petitioners lamented that the suspension order is “too broad as it also effectively prevented them from discharging their regular and permanent positions in the Comelec, the functions of which are not connected in any manner whatsoever to the charges against them.”

They believe they should only be placed under preventive suspension pending the investigation of the case.

Comelec executive director Jose Tolentino Jr. is the highest poll official suspended by the Ombudsman in the case, but he did not join the petition filed at the CA.