Maliksi faces new raps
August 18, 2005 | 12:00am
A day after he was preventively suspended for six months for an administrative complaint, Cavite Gov. Ireneo "Ayong" Maliksi found himself yesterday facing another complaint, this time for graft and falsification of documents, in connection with the purchase of P2.5 million worth of medicines in February 2003.
In his complaint to the Office of the Ombudsman, Vice Gov. Juanito Victor Remulla alleged that Maliksi used "fake" receipts in his liquidation report on the memorandum of agreement the provincial government signed with the Philippine Charity Sweepstakes Office (PCSO).
Earlier, Remulla accused Maliksi of grave abuse of authority in an administrative complaint in connection with the procurement of P7.5 million worth of rice last October.
Deputy Ombudsman for Luzon Victor Fernandez gave course to this complaint, suspending Maliksi for six months without pay supposedly to prevent him from tampering with the evidence or harassing witnesses.
Refusing to comply with the suspension order, Maliksi has holed himself up in his office at the provincial Capitol in Trece Martires City since Tuesday while his throng of supporters has barricaded the compound.
"I wont step down until my appeal for a reconsideration of my case is granted," he reiterated yesterday.
Through his legal counsel, lawyer Rene Bondal, Maliksi filed yesterday a 22-page motion for reconsideration with the Office of the Ombudsman, insisting that he was "deprived of due process."
"Under the rules, the Ombudsman has three days to act on our appeal. If our motion for reconsideration is denied, then that will signal our going to the Court of Appeals for redress," Bondal said.
Citing what he claimed was the "arbitrariness" of the suspension order, Bondal told The STAR, "The complaint was filed on Aug. 2, and on Aug. 16, the governor was suspended. He was not even furnished a copy of the complaint. Apparently, it was even the media that first got wind of the story."
Bondal said they have refuted Remullas administrative complaint "point by point," including the submission of a Commission on Audit (COA) report, which was a "subsequent finding" to the evidence that initially found alleged anomalies in the procurement of 7,500 sacks of rice.
Remulla, who took his oath of office as acting governor before Trece Martires City Judge Gonzalo Mapili yesterday afternoon, said he respects Maliksis stand and that he would not attempt to drive him out of his office at the provincial Capitol.
"Gusto nya magpadala ng kama sa opisina nya, sige lang. Walang pipigil sa kanya (If he wants to bring a bed to his office, he can do so. Nobody will stop him)," he said.
Remulla said he will discharge his duties as acting governor at the vice governors office, also at the Capitol.
As acting governor, Remulla ordered Senior Superintendent Benjardi Mantele, Cavite police director, to provide full security to Maliksi because of the prevailing tension.
Meanwhile, Fernandez downplayed Maliksis insinuations that his suspension had something to do with the impeachment complaint against President Arroyo, alleging that Remullas brothers, Cavite Reps. Gilbert and Crispin Remulla, had asked for it in exchange for not signing the impeachment complaint.
"We dont engage in partisan politics. We just resolve cases based on merits. We dont have anything to do with politics," Fernandez said.
"The determination on whether to grant the motion to suspend or not is always ex-parte (without any notice). Its done even before a notice to the parties. The resolution is always ex-parte," he added.
In his complaint to the Office of the Ombudsman, Vice Gov. Juanito Victor Remulla alleged that Maliksi used "fake" receipts in his liquidation report on the memorandum of agreement the provincial government signed with the Philippine Charity Sweepstakes Office (PCSO).
Earlier, Remulla accused Maliksi of grave abuse of authority in an administrative complaint in connection with the procurement of P7.5 million worth of rice last October.
Deputy Ombudsman for Luzon Victor Fernandez gave course to this complaint, suspending Maliksi for six months without pay supposedly to prevent him from tampering with the evidence or harassing witnesses.
Refusing to comply with the suspension order, Maliksi has holed himself up in his office at the provincial Capitol in Trece Martires City since Tuesday while his throng of supporters has barricaded the compound.
"I wont step down until my appeal for a reconsideration of my case is granted," he reiterated yesterday.
Through his legal counsel, lawyer Rene Bondal, Maliksi filed yesterday a 22-page motion for reconsideration with the Office of the Ombudsman, insisting that he was "deprived of due process."
"Under the rules, the Ombudsman has three days to act on our appeal. If our motion for reconsideration is denied, then that will signal our going to the Court of Appeals for redress," Bondal said.
Citing what he claimed was the "arbitrariness" of the suspension order, Bondal told The STAR, "The complaint was filed on Aug. 2, and on Aug. 16, the governor was suspended. He was not even furnished a copy of the complaint. Apparently, it was even the media that first got wind of the story."
Bondal said they have refuted Remullas administrative complaint "point by point," including the submission of a Commission on Audit (COA) report, which was a "subsequent finding" to the evidence that initially found alleged anomalies in the procurement of 7,500 sacks of rice.
Remulla, who took his oath of office as acting governor before Trece Martires City Judge Gonzalo Mapili yesterday afternoon, said he respects Maliksis stand and that he would not attempt to drive him out of his office at the provincial Capitol.
"Gusto nya magpadala ng kama sa opisina nya, sige lang. Walang pipigil sa kanya (If he wants to bring a bed to his office, he can do so. Nobody will stop him)," he said.
Remulla said he will discharge his duties as acting governor at the vice governors office, also at the Capitol.
As acting governor, Remulla ordered Senior Superintendent Benjardi Mantele, Cavite police director, to provide full security to Maliksi because of the prevailing tension.
Meanwhile, Fernandez downplayed Maliksis insinuations that his suspension had something to do with the impeachment complaint against President Arroyo, alleging that Remullas brothers, Cavite Reps. Gilbert and Crispin Remulla, had asked for it in exchange for not signing the impeachment complaint.
"We dont engage in partisan politics. We just resolve cases based on merits. We dont have anything to do with politics," Fernandez said.
"The determination on whether to grant the motion to suspend or not is always ex-parte (without any notice). Its done even before a notice to the parties. The resolution is always ex-parte," he added.
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