Echiverri fails to get TRO

MANILA, Philippines - Embattled Caloocan City Mayor Enrico “Recom” Echiverri’s bid to get relief from the Court of Appeals (CA) against an order of the Office of the Ombudsman for his preventive suspension remained futile yesterday.

The CA failed to resolve his petition to stop the Ombudsman from implementing its order after one of the justices inhibited from handling the case.

Echiverri was ordered suspended for allegedly failing to remit over P37 million in city employees’ contributions to the Government Service Insurance System (GSIS).

CA Associate Justice Fernanda Lampas-Peralta, wife of Supreme Court (SC) Justice Diosdado Peralta, inhibited herself from the case because her family and relatives hail from Caloocan City.

In another raffle held yesterday, Associate Justice Rebecca de Guia-Salvador emerged as replacement of Justice Lampas-Peralta in the 14th division.

Echiverri asked the appellate court on Tuesday to issue a temporary restraining order (TRO) enjoining the ombudsman from implementing its order. He alleged that Acting Ombudsman Orlando Casimiro committed grave abuse of discretion amounting to lack or excess of jurisdiction in ordering his suspension for six months over the graft case.

The mayor said he could not be suspended for an offense committed by his predecessors. He also questioned the timing of the issuance of the suspension order last July 17, 2011, which fell on a Sunday.

Echiverri’s petition was assigned to Associate Justice Agnes Reyes-Carpio, the mother-in-law of controversial Davao City Mayor Sara Duterte-Carpio. Associate Justices Priscilla Baltazar-Padilla will join Justice Reyes-Carpio and Lampas-Peralta in resolving the case.

The Office of the Ombudsman announced last Monday that it is placing Echiverri and three other officials under a six-month preventive suspension.

Also ordered suspended were city treasurer Evelina Garma, city budget officer Jesusa Garcia and city accountant Edna Centeno.

Caloocan City Vice Mayor Edgar Erice meanwhile said he is willing to resign his post if he could not prove his accusation against Echiverri.

“I based my accusation on documents and I’m willing to resign once I fail to prove it in six months time,” Erice told The STAR in a telephone interview.

Erice also dared Echiverri to “just follow” the suspension order and show proof to belie his claims, even as he warned the mayor that “more charges are coming.”

Hundreds of Echiverri’s supporters were on their fourth day of vigil at the city hall yesterday.

Echiverri on the other hand assured his supporters that he would continue his fight for what he called as “baseless accusations” that are “causing great injustice to Caloocan City.”  – With Pete Laude