Ombudsman clarifies order lifting ERC chief suspension

Energy Regulatory Commission Chair Monalisa Dimalanta –INQUIRER PHOTO/LYN RILLON

MANILA, Philippines — The Office of the Ombudsman on Saturday said investigators had documents needed in the case against Energy Regulatory Commission (ERC) chief Monalisa Dimalanta.

The anti-graft body last August ordered a six-month preventive suspension against Dimalanta for alleged neglect of duty following a complaint by a consumer interest group.

READ: Ombudsman suspends ERC chair Dimalanta for 6 months

Dimalanta filed a motion for reconsideration, but the Ombudsman denied it on October 1, saying there was “sufficient basis” for the suspension order.

READ: Dimalanta to file motion for reconsideration on preventive suspension

An October 22 order from the Ombudsman then lifted her suspension.

The Ombudsman explained “Dimalanta has already filed her counter-affidavit and the documents needed in the investigation are already in the possession of investigators. What is simply left to be done is the submission of position papers and a clarificatory hearing.”

“As in the other cases investigated by the Ombudsman, the preventive suspension was lifted prior to the expiration of the six-month period provided by law,” it added.

The Ombudsman also said the order lifting Dimalanta’s suspension was distinct from its prior resolution denying her motion for reconsideration.

Republic Act 6770, the law organizing the Office of the Ombudsman, states a preventive suspension order is warranted if evidence of guilt is strong based on the body’s judgment or if any of the three criteria are met:

• The charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty
• The charges would warrant removal from office
• The respondent’s continued stay in the office may prejudice the case filed against him

The law adds that a preventive suspension order may be effective during the period of the investigation but not for more than six months.

The anti-graft body, however, explained “When the reason for the preventive suspension has already been ceased, justice and fair play demands that the preventive suspension should not be for the full six-month period allowed by law but should immediately be lifted.”

The Ombudsman cited Quimbo vs. Gervacio (GR No. 155620), which said “preventive suspension is merely a preventive measure, a preliminary step in an administrative investigation.”

“The purpose of the suspension order is to prevent the accused from using his position and the powers and prerogatives of his office to influence potential witnesses or tamper with records which may be vital in the prosecution of the case against him,” it added.

Malacañang reinstated Dimalanta as ERC Chairperson and Chief Executive Officer in a memorandum on Thursday, October 31.

READ: ERC chair Dimalanta reinstated – Palace