Suspended Caloocan mayor fails to secure TRO from court

MANILA, Philippines–Caloocan City Mayor Enrico Echiverri has so far failed to secure a temporary restraining order that would put a hold on the implementation of the suspension order served against him by the Office of the Ombudsman.

The Court of Appeals failed to act on Echiverri’s petition after Associate Justice Fernanda Lampas-Peralta, one of the justices handling the plea, inhibited herself from the case. Peralta had reasoned that she and her family are residents of Caloocan.

The case was raffled to another justice in the person of Associate Justice Rebecca De Guia-Salvador.

Early this week, Echiverri went to the Court of Appeals asking it to stop the Office of the Ombudsman and the Department of the Interior and Local Government (DILG) from implementing the six-month preventive suspension order imposed on him.

In his petition, Echiverri said acting Ombudsman Orlando Casimiro committed grave abuse of discretion amounting to lack or excess of jurisdiction when he ordered his suspension from office amid allegation of non-remittance of more than P38-million Caloocan City hall employees’ contribution to the Government Service Insurance System (GSIS).

Echiverri questioned the date of the order of suspension, which was July 17, 2011, which falls on a Sunday. The Office of the Ombudsman holds office from Monday to Friday only.

Echiverri added that he should not take the blame for the faults committed by his predecessors.

Aside from Echiverrri, also ordered placed under preventive suspension were City Treasurer Evelina M. Garma, City Budget Officer Jesusa Garcia, and City Accountant Edna Centeno.

The preventive suspension stemmed from the complaint filed by Caloocan Vice-Mayor Edgar R. Erice, which alleged that from July 1997 to December 2002 and from January 2007 to 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.

Casimiro said the Caloocan officials were suspended because their continued presence could be prejudicial to the investigation being conducted by their office.