CA nixes Lapid's plea vs suspension

The one-year suspension of Pampanga Gov. Lito Lapid stays.

This came after the Court of Appeals denied yesterday the petition of the former actor for the issuance of a restraining order against Ombudsman Aniano Desierto from enforcing his suspension on graft charges.

The restraining order was supposed to take the place of the temporary restraining order issued by the appellate court last Jan. 19 against Desierto. That TRO expired last Sunday.

"Whether the Ombudsman correctly ruled that the petitioner (Lapid) is guilty of misconduct is not for us to pass upon at this stage of the proceeding and in point of time, otherwise we will be going into the merits of the case," Justice Bernardo Salas said in his 11-page resolution.

Last Nov. 23, Desierto suspended Lapid, Vice Gov. Clayton Olalia, provincial treasurer Jovito Sabado and Senior Police Officer 4 Nestor Tadeo for their alleged involvement in the illegal collection of quarry fees . The one-year suspension was stalled after Lapid went to the CA for a TRO.

Lapid had claimed innocence of the charges, which he described as mere political vendetta. He is a member of the opposition party.

Even before the CA could officially promulgate its ruling, Lapid had elevated the case to the Supreme Court and assailed the latter's alleged inaction.

The Supreme Court gave Desierto and Solicitor General Ricardo Galvez five non-extendable days within which to comment on Lapid's petition.

Meanwhile, Local Governments Undersecretary Narciso Santiago posted yesterday Lapid's suspension order at the Capitol building and the numerous residences of Lapid despite an angry crowd that tried to block him.

"The posting of the order is considered substantial compliance with the law for the official effectivity of the suspension," Santiago said.

The crowd of about 500 almost mobbed Santiago and Chief Superintendent Roberto Calinisan, Central Luzon PNP director, when they arrived at the capitol grounds with a few policemen at around 4:35 p.m. yesterday.

Santiago said that Senior Provincial Board Member Edna David was slated to take her oath as acting governor after the posting of the suspension order.

Lapid had asked Interior and Local Government Secretary Alfredo Lim to defer the implementation of his suspension until the High Court has decided on his petition.

Lim, however, urged Lapid to vacate his post peacefully and face the issue squarely before the courts.

"No rally can prevent us from serving his suspension order," Lim said, as he urged Lapid to discourage his supporters from pursuing a noise barrage and unlawful assembly. - With Ric Sapnu, Aurora Alambra, Gina Tabonares.