Coloma may face raps over dismissed NPO execs
Michael Punongbayan (The Philippine Star) - February 5, 2016 - 9:00am

MANILA, Philippines – Presidential Communications Operations Office (PCOO) Secretary Herminio Coloma Jr. might face administrative charges for his failure to implement the order of the Office of the Ombudsman in dismissing six officials of the National Printing Office (NPO).

The ombudsman has yet to issue a statement but according to its own rules, the head of the government agency instructed to implement the dismissal order can be held administratively liable if he fails to abide by the directive.

The Office of the Ombudsman last year recommended the dismissal of NPO director Emmanuel Andaya and five other officials for grave misconduct over NPO’s decision to print foreign travel clearance forms of the National Bureau of Investigation.

Coloma said the NPO officials involved have filed their respective motions for reconsideration and are awaiting resolution.

He stressed the motions for reconsideration filed by the NPO officials warrant their stay in office until it is resolved under the provisions of Republic Act 6770 or the Ombudsman Act of 1989.

But Section 27 of the law states, “all provisionary orders of the Office of the Ombudsman are immediately effective and executory.”

Rule III, Section 7 of the anti-graft agency’s Rules of Procedure also state that while decisions can be appealed, motions for reconsideration are not enough to stop implementation of the order.

“A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. The Office of the Ombudsman shall ensure that the decision shall be strictly enforced and properly implemented. The refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine or censure shall be a ground for disciplinary action against said officer,” the rules said.

Under the rules of the Office of the Ombudsman, only a temporary restraining order can stop the implementation of its decisions and directives.

Ombudsman Conchita Carpio-Morales, in an office order issued in October 2013, stated that the heads of office of government agencies directed to implement decisions and orders should carry out the directive.

“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,” Office Order No. 409 reads.

“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,” Morales stressed.

The July 2015 order dismissing from government service Andaya, Josefina San Pedro Samson, Sylvia Banda, Antonio Sillona, Bernadette Lagumen and Ma. Gracia de Leon Enriquez was addressed to the PCOO.

The NPO is an attached agency of PCOO under Executive Order 4 that Coloma heads. – With Aurea Calica, Janvic Mateo, Erwin Tulfo and Jerico Javier/TV5


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