MANILA, Philippines - Six officials of the Commission on Elections (Comelec) asked the Court of Appeals (CA) for a temporary restraining order (TRO) to prevent the Office of the Ombudsman from suspending them for 6 months pending a probe on their alleged involvement in the the P690-million ballot secrecy folder scam.
Among those seeking the CA's TRO were Comelec Bids and Awards Committee (BAC) chairman Maria Lea R. Alarkon; and BAC members Allen Francis B. Abaya, Maria Norina T. Casingal, Martin B. Niedo, and Antonio B. Santella.
The suspended Comelec officials accused Ombudsman Merceditas Gutierrez of committing grave abuse of discretion amounting to lack or excess of jurisdiction when she put them under preventive suspension in a memorandum issued ast July 29 without giving them the opportunity to explain their side.
They added that the suspension order should be declared invalid having been issued in violation of their constitutional right to due process.
"The petitioners were deprived of their right to due process. There is insufficient evidence to conclude that the evidence of guilt as against the petitioners is strong as the bases for the conclusion are nothing but bare allegations alleged in the complaint. There is no showing that the petitioners continued stay might prejudice the case against them," the complainants said.
They said the suspension order as "too broad as it also effectively prevented them from discharging their regular and permanent positions in the Comelec, the functions of which are not connected in any manner whatsoever to the charges against them."
Comelec Executive Director Jose Tolentino Jr., who was suspended by the Ombudsman in connection with the BSF scandal, did not join the petition.
The Ombudsman ordered the preventive suspension of the poll officials based on the administrative complaint filed by the Ombudsman's Field Investigation Office for violation of several provisions of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Aside from the administrative complaint, the Comelec officials are also being investigated for violation of Republic Act 3019 or the Anti-Graft Law also in connection with the purchase of the BSF
