Suspending LGU execs

A lot of questions were being asked recently following this and last week’s headlines highlighting a “political crisis” of sorts in Bataan province. Their embattled governor, Enrique “Tet” Garcia, led since last week a barricade of the provincial capitol apparently to prevent the assumption into office by his erstwhile political ally, the province’s vice governor Serafin “Apin” Roman as “acting” governor.

Last Wednesday, the Supreme Court timely defused what could have been yet another “political crisis” when they issued a temporary restraining order on the suspension of the Bataan governor. The SC ordered both Ombudsman Merceditas Gutierrez and Department of Interior and Local Government (DILG) Secretary Ronaldo Puno to stop implementing the suspension order against Garcia. The TRO would remain in effect until the high court rules otherwise.

The suspension order against the governor was related to a case of alleged irregularities in a “tax delinquency sale” in February 2004 of the properties of Sunrise Paper Products Industries which include a paper plant and two parcels of land in Bataan’s Orani town.

Garcia claimed his vice governor was “forced” to sign appointment papers naming him “acting” governor. This, of course, is just one side of the issue. The other side says Garcia had to put up the barricades because of the unexpected turnaround by Roman on the issue of the latter’s interim assumption. Garcia obviously had hoped that Roman would not take the post — a hope that appears to have been dashed by a very recent change of mind on the part of his vice governor.

Garcia earlier vowed not to lift the barricade until the Court of Appeals has ruled on his petition for a TRO. After the CA did not rule on his petition, Garcia elevated his case to the SC. Meanwhile, political analysts are dissecting this row which now threatens to involve some Palace personalities. Many, including the embattled Bataan governor himself, were asking how this messy situation came about when all along he was the administration candidate in the May 2007 elections where he scored a decisive sweep over the opposition slate.

As far as Garcia is concerned, the suspension order issued against him by Ombudsman Gutierrez was politically-motivated. Garcia accused the Ombudsman of supposedly orchestrating the move to have him removed from his post. It was to him a political vendetta because the suspension had to do with the defeat of Gutierrez’ brother in the mayoralty contest in Bataan’s Samal town.

Garcia’s plight, his sympathizers aver, clearly demonstrates how one who may not be in the good graces of Palace-backed personalities can be easily suspended from office. Garcia himself said in a radio interview that this could be the reason for his suspension. This is a stark contrast to the situation of those who are perceived to enjoy protection by Malacañang.

A case in point, it is further pointed out, is Rodriguez, Rizal Mayor Pedro Cuerpo who has about four times more legal tussles facing him compared to that of the Bataan governor. It was correctly observed that the Ombudsman did not mind waiting for more than two years before obtaining a suspension order from the Sandiganbayan against Cuerpo. And when the suspension order has been finally released after two years of wait, the suspension is yet to be implemented.

Are the contrasting situations of Garcia and Cuerpo proof of the allegations that the suspension of local government officials depends on one’s strength of Palace ties? We hope not. While such perception may not stand on solid ground, questions are being raised as to whether or not the Sandiganbayan’s Fifth Division unwittingly fanned the speculations.

It will be recalled that as early as 2006, the Ombudsman had already ruled that there is probable cause to charge Cuerpo for alleged violation of the Anti-Graft and Corrupt Practices Act in the wake of complaints filed by residents of Rizal’s Rodriguez town. Following the findings, the Ombudsman moved that the Sandiganbayan suspend the Rodriguez mayor.

The Ombudsman told the Sandiganbayan’s Fifth Division that the suspension of Cuerpo was a matter of procedure and was prescribed by law, no if’s and but’s. In fact, the Ombudsman made it clear that the suspension of Cuerpo was mandatory under the law. Yet, it took two years before the suspension was finally slapped on Cuerpo. But curiously, Cuerpo’s suspension has yet to be implemented. Why was the Ombudsman’s office so impatient with Garcia’s suspension while it was very willing to wait two years for a response to a petition it filed against Cuerpo?

Well, we do not wish to add to these speculations. We can only hope the Sandiganbayan’s Fifth Division — composed of Justices Diosdado Peralta, Rodolfo Ponserada and Alexander Gesmundo — is aware of talks that the apparent reluctance to implement what the law provides is due to political pressure from the Palace.

Such suspension woes are turning out to be unfair most especially to Justice Peralta. The scuttlebutt is that he is proceeding slowly with the Cuerpo issue because of an impending nomination to the 15-man SC where several seats are up to be vacated next year. This is most unfair to Justice Peralta.

 We share in the belief that Justice Peralta is qualified for that SC seat without having to bow to political pressure. We believe he can assert the independence of the Sandiganbayan. The same is true with Justices Ponserada and Gesmundo.

The DILG Secretary, as the supervising head of all local government units, is mandated to enforce the Ombudsman suspension order against the accused LGU executives. He must carry it out regardless of political affiliations of the accused LGU officials.

A fair and just application of the rules would prevent a snowballing of perception of a double-standard of justice in dealing with the suspension of local government officials. Such perception turns to paranoia, especially with the May 2010 national and local elections just around the corner.

Whether such perception is valid or not, either way could only harm everyone in power all the way to the Palace and unnecessarily cast doubt on the independence of judicial bodies like the anti-graft court. Our country could not afford such a situation.