CA affirms freeze on poll officials involved in ballot bidding flak

MANILA, Philippines—The Court of Appeals affirmed as proper its December, 2010 decision to uphold the suspension issued by the Office of the Ombudsman against officials of the Commission on Elections involved in the cancelled award to OTC Paper supply for the purchase of Ballot Secrecy Folders (BSF).

In a three-page resolution, the appeals court’s former special 15th Division, through Associate Justice Magdangal De Leon, dismissed the appeal filed by Bids and Awards Committee (BAC) chair Atty. Maria Lea Alarkon and members Atty. Allen Francis Abaya, Atty. Maria Norina Casingal, Atty. Martin Niedo and Antonio Santella.

The appeals court agreed with the Office of the Solicitor General that the case is already considered moot since the suspended officials were able to serve their suspension, and are already back in office.

Concurring with De Leon were Associate Justices Mario Lopez and Michael Elbinias.

The appeals court, in its December, 2010 ruling said the Office of the Ombudsman did not commit grave abuse of discretion when it issued the suspension order against the Comelec officials.

“While due process may be relied upon by public officials to protect their security of tenure which, in a limited sense, is analogous to property, such fundamental right to security of tenure cannot be invoked against a preventive suspension order which is a preventive measure, not imposed as a penalty,” the appeals court said.

In July last year, the Ombudsman suspended the said officials because their continued stay in office could prejudice their investigation.

The said officials are facing criminal and administrative complaint before the Office of the Ombudsman.