SC's Lapid decision a setback, says Desierto

Ombudsman Aniano Desierto asked the Supreme Court yesterday to give his office more leeway in imposing administrative sanctions against erring government officials, as he described the tribunal's decision reinstating suspended Pampanga Gov. Manuel "Lito" Lapid as a "setback."

"I would have to admit this. Disheartened is not the word. It's a little setback in our campaign against graft and corruption. There are so many implications of this (reinstatement) order," Desierto said.

He expressed fear that the High Court's ruling may render inutile the Ombudsman's investigations into the culpability of government officials facing graft charges if the tribunal will rebuff the anti-graft office everytime it imposes sanctions, like suspension.

"It will be futile for the Ombudsman to file charges against a local official. This is an administrative case and you know this is entirely different from criminal cases where a respondent is given more rights. We will have to change the policies in this office if that is the case," Desier-to said.

In reinstating Lapid, the High Court's third division said the Ombudsman and the Department of the Interior and Local Government "failed to establish the existence of a law" mandating the immediate execution of the Ombudsman's one-year suspension of Lapid last March 22.

Desierto said his office will elevate Lapid's case to the Supreme Court en banc. The case involves alleged anomalies in the collection of lahar sand quarrying fees.

Meanwhile, it's all quiet at the provincial capitol here as provincial board member Edna David, the acting governor, quietly left the governor's office Wednesday afternoon to allow Lapid to resume his post.

Lapid, however, did not report to his office yesterday even as the Supreme Court served its resolution reinstating him.

Instead of proceeding to the capitol, he joined former President Ramos, Lakas-NUCD honorary chairman, at the Mimosa Golf and Country Club at Clark Field where they played golf almost the entire day.

Lapid said he would report for work on Monday. His supporters, led by the Kilusan ng Mamamayan para sa Katarungan (Kapampangan), are planning to give him a hero's welcome.

Before he was suspended last March 22, Lapid said he would seek a third term to vindicate himself and his constituents.