MANILA, Philippines - Caloocan City Mayor Enrico “Recom” Echiverri won his bid to temporarily stop an order of the Office of the Ombudsman for his preventive suspension for allegedly failing to remit over P37 million in city employees’ contributions to the Government Service Insurance System (GSIS).
Echiverri secured yesterday a temporary restraining order (TRO) from the Court of Appeals (CA) enjoining the Ombudsman and the Department of Interior and Local Government (DILG) from implementing the order to suspend him, city treasurer Evelina Garma, city budget officer Jesusa Garcia and city accountant Edna Centeno for six months.
In an eight-page resolution, the CA’s special 14th Division said the TRO is meant as “preservative remedy for protection of substantive rights and interest” of the embattled officials while their petition against the suspension order is being resolved by the court.
“Petitioners are incumbent public officials and their suspension from office, whether as preventive measures or as a penalty, will undeservedly deprive the citizens of Caloocan City of the services they are entitled to,” the CA order, penned by Associate Justice Agnes Reyes-Carpio, stated.
The court said the six-month preventive suspension “is violative of the petitioners’ right to enjoy and perform their official duty,” stressing that the rule requires “showing of a string evidence of guilt” before such an order could be justified.
It specifically cited the issue of whether or not the subject of the administrative complaint against Echiverri and others filed by Vice Mayor Edgar Erice was committed during the term of former mayor Rey Malonzo.
The CA also stressed that the TRO, which is valid for 60 days, would also “preserve rights of the petitioners during the pendency of the petition as well as to prevent any judgment that may be promulgated by us from being rendered moot and ineffectual.”
The appeals court likewise ordered Echiverri’s camp to file a P50,000 bond, which will be used if “the Court finds petitioners not entitled to the injunctive relief (TRO) issued.”
Associate Justices Rebecca de Guia-Salvador and Priscilla Baltazar-Padilla concurred in the order.
Caloocan vice mayor: Celebration premature
Hundreds of Echiverri’s supporters ended the fifth day of their vigil with a celebration after the CA granted the TRO.
A large number of the mayor’s supporters have been gathered in front of the city hall since Monday and the number doubled Thursday night when they learned that the DILG was about to serve the suspension order.
Echiverri said it is the GSIS that has to update its records “because we have done our part” in updating the city government’s remittance records.
He said other local government units also have the same problem as Caloocan and have larger amounts to settle with the GSIS.
Erice, however, told the mayor and his supporters that their celebration was still premature.
“The TRO is only good for 60 days and it did not stop the investigation of the case,” he told The STAR in a telephone interview.
He also criticized the CA for allegedly “stifling the power of the Ombudsman” to investigate the case.
“Instead of a celebration, Echiverri must first settle the city government’s obligations to the GSIS but even though he would pay the employees’ contributions, he has still a liability. And I will continue to fight for the rights of the employees,” Erice said.
Erice earlier said that he would be willing to resign as Caloocan vice mayor once his allegations are proved wrong. – With Jerry Botial, Pete Laude