MANILA, Philippines - The Court of Appeals Special 15th Division has affirmed an Ombudsman order placing 6 poll officials under preventive suspension pending an ongoing preliminary investigation of a complaint against them for the botched P690-million ballot secrecy folder deal supposedly for the May 10 elections.
In a 2-page resolution penned by Justice Magdangal de Leon, the appellate court's special division found no compelling reason for the issuance of a temporary restraining order and/or a writ of preliminary injunction prayed for by petitioners Ma. Leah Alarkon, Francis Abaya, Norina Tangaro-Casingal, Martin Niedo and Antonio Santella , former members of the Commission on Elections (Comelec) Bids and Awards Committee (BAC).
The court said "there is no clear showing of a right claimed which necessitates their entitlement to an injunctive relief."
The requisites for preliminary injunctive relief are:
a) the invasion of right sought to be protected is material and substantial; b) the right of the complainant is clear and unmistakable; and, b) there is an urgent and paramount necessity for the writ to prevent serious damage.
The resolution also said that there is emphasis that an application for injunctive relief is construed strictly against the pleader.
The court has asked Ombudsman Merceditas Gutierrez, the Comelec and the Field Investigation Office of the Ombudsman to file comments within 10 days from notice of the resolution.
The petitioners, meanwhile, were given 5 days to reply upon receipt of the respondents' comment.
The Ombudsman ordered the preventive suspension last July 29 against the 5 BAC officials and Comelec Executive Director Jose Tolentino AJr for favoring OTC Paper Supply for the botched ballot secrecy folders project.
The Comelec En Banc junked the project after discovering that folders were overpriced by P380 each.
