On Ombudsman order; Vice Governor Balite, 7 others hope to be spared from suspension

TAGBILARAN CITY, Philippines — The camp of Vice Governor Dionisio Balite, thought his counsel Ted Lagang, said he and seven other officials are hopeful that they would be exonerated from the 9-month suspension from office as imposed by the Ombudsman.

Earlier, the Ombudsman ordered the suspension without pay of Balite and other Provincial Board members for the alleged irregularity in the acquisition of heavy equipment during the time of then Governor Erico Aumentado.

Balite, a PB member at the time, and his colleagues in the case approved a resolution authorizing the opening of the letter of credit with the bank for the procurement of the heavy equipment.

Besides Balite, the other respondents in the case-also PB members at the time-are: former vice governor Concepcion Lim, now Maribojoc town Vice Mayor Jose Veloso, Felix Uy, Godofreda Tirol, now Loay town Vice Mayor Brigido Imboy, now provincial executive assistant for health Cesar Tomas Lopez, and now Provincial Administrator Alfonso Damalerio II.

Also ordered suspended were members of the bids and awards committee (BAC): provincial motor pool chief Abraham Clarin, supply officer Laura Boloyos, and administrative officer Felix Mojorada.

Each of these officials and BAC members were also ordered to pay to the Ombudsman the amount equivalent to a month's salary for six months, the report said.

The report said that the case was filed on November 6, 2014 by 'Field Investigation Office' of the Ombudsman. Balite, together with Veloso, Imboy and Lopez were supposed to serve their suspension starting May 2017, but they filed a certiorari with prayer for injunction before the Court of Appeals (CA).

The CA in turn granted their petition for a 60-day temporary restraining order (TRO), causing them to return to their respective work. But if the court denies them the certiorari for injunction, then they'll have to serve their suspension, Lagang said.

Lagang, in an interview with media on Wednesday, said they used the Aguinaldo Doctrine in their argument. He said this doctrine condones administrative charges against elected officials who are reelected in succeeding elections. All of them-Balite, Imboy, Lopez and Veloso-got a "fresh mandate" in their reelection bids in 2017, he said.

Lagang said the Supreme Court on November 2015 got rid of the doctrine since this was abused by the elected officials, via a memorandum order issued on November 24 that same year.

Since they were reelected in 2007 and years thereafter, Balite and company could still avail of the said doctrine, Lagang however said.

After the SC's scrapping of the doctrine, Ombudsman also issued an order that those with unresolved cases, before the doctrine was set aside, could not use the doctrine. But Lagang said the Ombudsman order clearly contradicts the High Court's.

Lagang said he is now expecting the CA would grant Balite and company's petition for a certiorari to avoid their being suspended from office. (FREEMAN)