Court of Appeals stops suspension of water district executive

MANILA, Philippines - The Court of Appeals (CA) has stopped the Office of the Ombudsman from implementing an order suspending for six months without pay an executive of the San Pedro Water District (SPWD) pending resolution of the official’s appeal.

In a decision, the appeals court’s Special 16th Division warned that implementing the suspension order against Felipe Sarmiento, a member of the SPWD board of directors while his motion for reconsideration is pending would constitute grave abuse of discretion on the part of the anti-graft office.

“If the Office of the Ombudsman cannot execute its own decision if there is an appeal, with more reason, it cannot do so while a motion for reconsideration of its decision is pending,” the CA said in its ruling penned by Associate Justice Jose Catral Mendoza.

Citing rulings of the Supreme Court, the CA stressed that the decision of the Ombudsman shall be final, executory and unappealable only if the penalty imposed is public censure, suspension of not more than one month or a fine equivalent to a month’s salary.               – Edu Punay