PNP chief runs to CA for relief

MANILA, Philippines - Director General Alan Purisima has asked the Court of Appeals (CA) to stop his six-month suspension as Philippine National Police (PNP) chief.

However, the CA’s Special 10th Division deferred ruling on his plea for a temporary restraining order (TRO) until Ombudsman Conchita Carpio-Morales had answered his petition.

“Without necessarily giving due course to the petition, this Court hereby directs the respondent to file comment thereto and to show cause why the application for a TRO should not be granted, within a non-extendible period of 10 days from receipt hereof,” read the CA resolution.

The CA gave Purisima the option to file a reply to the comment of Morales within five days after receipt of notice.

“In the meantime, action on petitioner’s application for issuance of a TRO is held in abeyance pending submission of the aforesaid pleadings,” read the resolution.

Associate Justice Jane Aurora Lantion wrote the resolution.

Under Republic Act 6770, the Ombudsman Act, Interior and Local Government Secretary Manuel Roxas II could face disciplinary action if he fails to carry out the six-month suspension of Purisima.

“The Office (of the Ombudsman) considers the head of the office or agency, being the appointing authority, to be primarily responsible in implementing ombudsman decisions or orders,” read Office of the Ombudsman Order No. 409.

“It must be understood that pursuant to Section 26 of Republic Act 6770, any delay or refusal to comply with the referral or directive shall constitute a ground for administrative disciplinary action against the officer or employee to whom it was addressed.”

The STAR learned that Morales signed an order on Dec. 3 for Roxas to implement the suspension.

Under existing rules, a motion for reconsideration or an appeal cannot stop a suspension order and only a TRO from a court of law can stop it.

Speaking to reporters, Roxas said his office will implement the six-month suspension order on Purisima.

“I already told him (Purisima over the phone on Tuesday) that we will implement the order of the ombudsman,” he said

Roxas said his authority over the PNP cannot be questioned because he is also the concurrent chairman of the National Police Commission (Napolcom).

The Office of the Ombudsman had sent the suspension order to him as interior secretary, Roxas said.

At Malacañang, deputy presidential spokesman Abigail Valte said yesterday the Office of the Office of Ombudsman’s suspension order on Purisima has been served and would be enforced.

“Just to make it clear that the DILG was specifically tasked by the Office of the Ombudsman to implement the order,” she said.

“So at the root the issue really is… the order of preventive suspension that was issued by the ombudsman and I understand that because a petition has already been filed, we will have to await the dispensation of that particular petition.”

Valte said Deputy Director Leonardo Espina would take charge of the PNP during the suspension of Purisima.

She did not have any information if Purisima could no longer enter Camp Crame if the order had not been served personally to him, she added.

It would be up to the DILG to deal with the specifics and parameters of the order, Valte said.

Speaking to reporters yesterday, PNP spokesman Chief Superintendent Wilben Mayor said Purisima has “acknowledged” his six-month suspension. – With Michael Punongbayan, Cecille Suerte Felipe, Aurea Calica, Cristina Mendez, Marvin Sy