Solon: CA ‘unduly interfered’ with Ombudsman’s disciplinary power

The Court of Appeals (CA) “unduly interfered” with the disciplinary authority of the Office of the Ombudsman when it stopped the suspension of four commissioners of the Energy Regulatory Commission (ERC), Bayan Muna Rep. Carlos Isagani Zarate said on Sunday.

According to Zarate, the temporary restraining order (TRO) issued by the appeals court’s Ninth Division last week in favor of ERC commissioners Gloria Victoria Yap-Taruc, Alfredo Non, Josefina Patricia Asirit and Geronimo Sta. Ana also impinged on the executive power of the Office of the President to appoint government officials.

Public service

In a Feb. 9 resolution penned by Associate Justice Mariflor Punzalan Castillo, the CA opted to set aside the one-year suspension of the ERC officials so as “not to impair public service.”

“Why would the CA jump the gun on the Office of the President as to when and who will be appointed as temporary or acting (ERC) commissioners?” Zarate said in a statement.

“Also, why would the CA thwart the implementation of the executory decision of the Office of the Ombudsman?” he added.

The militant lawmaker said the court’s action was an “undue interference on the powers and independence of the Office of the Ombudsman, as well as the Office of the President.”

Inexcusable negligence

Zarate said the Supreme Court had ruled that filing an appeal “shall not stop the decision from being executory and that such shall be executed as a matter of course.”

Last December, the four ERC officials were ordered suspended by the Ombudsman  for a year for gross inexcusable negligence.