CA urged to reconsider ruling on Nueva Ecija governor

MANILA, Philippines — The Office of the Ombudsman has asked the Court of Appeals (CA) to reconsider its ruling setting aside the preventive suspension of Nueva Ecija governor Aurelio Umali.

In its motion, the ombudsman said it “judiciously exercised its discretion in the imposition of the order of preventive suspension” against Umali, who is being investigated for administrative charges of grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service.

The suspension came after a complaint was filed against Umali over his alleged illegal issuance of more than 200 quarry permits for sand and gravel extraction in the province.

“Clearly, there was no evidence to prove that the Office of the Ombudsman committed grave abuse of discretion,” read the motion signed by assistant Ombudsman Asryman Rafanan.

Aside from asking for a reconsideration, the anti-graft office urged CA Associate Justice Mary Charlene Hernandez-Azura to inhibit from the case, citing the supposed “undue haste” in the issuance of a temporary restraining order, which halted the implementation of Umali’s suspension.

The ombudsman also said the CA erred in nullifying the suspension order, basing its decision on the merits of the case when the anti-graft investigation is still ongoing.

“The Ombudsman is not required by law to wait and weigh the arguments of the defense before arriving at a determination on the evidence of guilt. Being preliminary in nature, strong evidence of guilt does not mean that the defense evidence should be awaited, considered and assessed at such initial stage. Hence, the ponencia (of the CA) gravely erred in resolving the admissibility and probative value of the entire pieces of evidence in the main administrative case, which is still pending before the Ombudsman,” the motion also read.

On May 10, the anti-graft office ordered the suspension of Umali for six months. However, the governor was able to secure a temporary restraining order, preventing the implementation of the order.

On Aug. 20, the CA also granted Umali’s petition nullifying the suspension order. The decision was penned by Hernandez-Azura, with the concurrence of Associate Justices Selma Alaras, Carlito Calpatura, Florencio Mamauag Jr. and Ramon Bato Jr.