DQ ruling by Ombudsman hangs over LP solon
CEBU CITY—A Liberal Party congressman representing the city’s south district, who won reelection, may be unable to assume his post.
The Ombudsman in the Visayas is pressing the enforcement of its order to dismiss from government service Rep. Rodrigo “Bebot” Abellanosa for grave misconduct arising from conflict of interest.
The Ombudsman also ordered the perpetual disqualification of Abellanosa from government service.
Abellanosa was found guilty of conflict of interest after a school he owns, Asian College of Technology (ACT) now called Asian College of Technology International Education Foundation Inc. (ACTIEF), received bulk of scholarship funds when he was still city councilor in 2010.
His school received P51 million in scholarship funds from the city and is trying to collect at least P120 million more.
“The penalty against Congressman Abellanosa has to be executed immediately,” said lawyer Ma. Corazon Naraja, spokesperson of the Ombudsman in the Visayas.
Naraja said until there is a restraining order from a court that would stop the enforcement of the Ombudsman order “our decision has to be carried out.”
Abellanosa said the Ombudsman should bring its case to the Court of Appeals where he has filed an appeal.
He said the Ombudsman decision is “unconstitutional” which he said is the reason Congress and the Commission on Elections (Comelec) refuse to enforce it.
In February, Deputy Ombudsman for the Visayas Paul Elmer Clemente wrote Comelec Chair Andres Bautista, informing the poll body of penalties that should be imposed against Abellanosa, which included perpetual disqualification from government service.
Philip Banguiran, complainant in the case against Abellanosa, had petitioned the Comelec to bar Abellanosa from running because of the Ombudsman decision.
The Ombudsman letter and Banguiran’s petition were not acted upon.
Abellanosa ran despite the Ombudsman decision and got 149,259 votes beating his closest rival who got 97,491 votes.
Jose Nick Mendros, director of Comelec Central Visayas, said he has not received any advice from the Comelec central office in Manila about Abellanosa’s case.
He said if the Comelec would enforce the Ombudsman ruling, Abellanosa would be replaced by the candidate who got the second highest number of votes.
If the House acts on the Ombudsman ruling and the Comelec has not yet made a decision, Mendros said the House could appoint a caretaker for the position.
The case of conflict of interest against Abellanosa was filed by Banguiran in 2012 over the scholarship program that gave millions of pesos of city government funds to schools that Abellanosa owned.
The resolution prepared by Jess Vincent dela Pena, graft investigation and prosecution officer of the Ombudsman, said conflict of interest in Abellanosa’s case was clear.
The resolution, signed by Ombudsman Conchita Carpio-Morales, said Abellanosa signed an agreement on June 24, 2010 with the city government that allowed Abellanosa’s school, ACTIEF, to accept scholars of the city government.
At that time, Abellanosa is still a member of the city council, which approved the funding for the scholarship program.
Abellanosa said the Ombudsman has no power over him after his reelection. “The people have spoken,” said Abellanosa. “It is undemocratic for the Ombudsman to insist otherwise,” he said.
He said if the Ombudsman insisted on enforcing its decision, it would be “nothing short of harassment, an attack on the constitutional provision on due process and separation of powers.” With Jose Santino Bunachita, Inquirer Visayas
