Court issues TRO on Echiverri suspension
SAVED BY THE CA. Caloocan Mayor Enrico Echiverri surrounded by supporters refuses to leave his position despite a suspension order, which was later put on hold by the Court of Appeals upon issuing a Temporary Restraining Order Friday. INQUIRER FILE PHOTO
“Hence to preserve the 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, let a temporary restraining order be issued enjoining the Ombudsman and the Hon. [Jess] Robredo, DILG [Department of Interior and Local Government] Secretary, together with all persons acting for and in their behalf, from proceeding with the implementation of the petitioners’ preventive suspension as directed under the assailed order [of the Office of the Ombudsman],” the court said through Associate Justice Agnes Reyes-Carpio said.
Echiverri’s co-accused City Treasurer Evelina M. Garma, City Budget Officer Jesusa Garcia, and City Accountant Edna Centeno were also included in the TRO.
The appeals court required them to post P50,000 each “which shall answer for whatever damages that may incur in the event that the Court fins petitioners not entitled to the injunctive relief issued.”
The TRO shall be effective for 60 days.
The appeals court also required the DILG and the Office of the Ombudsman to comment on Echiverri’s petition within 10 days from receipt of the resolution.
Echiverri and the three other local officials were placed under a six-month preventive suspension by the Office of the Ombudsman for the alleged non-remittance of more than P38 million representing Caloocan City employees’ contributions to the Government Service Insurance System (GSIS).
They asked the asked the Court of Appeals to stop the Ombudsman and the DILG from implementing the suspension order.
They said they were not given the opportunity to refute the allegations against them, thus the order was issued in an “arbitrary, capricious, whimsical and despotic manner.”
They were preventively suspended to make sure that they could not influence the result of an investigation in connection with allegations of non-remittance of more than P38-million Caloocan City hall employees’ contribution to the GSIS.
The preventive suspension and investigation by the Ombudsman stemmed from the complaint filed by Caloocan Vice-Mayor Edgar R. Erice who alleged that from July 1997 to December 2002 and from January 2007 until Dec. 31, 2010, the premium contributions comprising the personal shares of the employees and Caloocan government shares were not remitted to the GSIS and remained unpaid as of Dec. 31, 2010. Additionally, the employees’ compensation shares from July 1997 to December 2004 and from January 2007 to December 2010 were not remitted to the GSIS. These allegations were confirmed by Robert G. Vergara, President and General Manager of the GSIS.
GSIS records show that the total obligation of Caloocan City as of Dec. 31, 2010 amounted to P343,814,739.85 representing principal and interest for the unpaid compulsory premiums.
Allegations were also raised that despite being informed of the unpaid GSIS obligations, Echiverri, together with Garma and Garcia, refused to take action on the matter. Due to this inaction, Erice made a formal demand to Echiverri, Garma and Centeno for the remittance of the personal shares of the employees amounting to P38,042,916.12, the same already deducted from the salaries of the employees of Caloocan City.
Original posted: 9:46 am | Friday, July 22nd, 2011
