Enforce ERC execs’ suspension or face raps, Devanadera told

Agnes Devanadera (VINCE NONATO / INQUIRER FILE PHOTO)

DAVAO CITY — Bayan Muna Rep. Carlos Zarate warned Energy Regulatory Commission (ERC) Chair Agnes Devanadera about the possible legal implications of her failure to enforce an Ombudsman order suspending four ERC commissioners.

“ERC Chair Devanadera should immediately implement the Ombudsman’s order suspending the four commissioners or face charges with them as well,” Zarate said in a statement.

On Sept. 29, the antigraft body suspended commissioners Gloria Victoria Yap-Taruc, Alfredo Non, Josefina Patricia Magpala-Asirit and Geronimo Sta. Ana after finding them administratively liable “for giving undue advantage” to a power company in violation of policy penalizing anticompetitive behavior by power industry players.

Criminal case

The Ombudsman also ordered the filing of criminal charges against them.

Zarate said Devanadera should have already enforced the suspension order even if the four commissioners had brought their case to the Court of Appeals (CA) because the Ombudsman’s order was “executory.”

The appeal by the commissioners, Zarate said, “cannot prevent the Ombudsman order of suspension.” “This is already a settled doctrine by the Supreme Court,” he said.

Citing a 2012 Supreme Court ruling, Zarate said the high court was clear when it said that the “refusal or failure by any officer without just cause to comply with an order of the Office of the Ombudsman to remove, suspend, demote, fine or censure shall be a ground for disciplinary action against such officer.”

“As in the case of the suspended ERC commissioners, the Ombudsman’s decision imposing the penalty of suspension for one year is immediately executory pending appeal,” Zarate said.

“The mere filing of an appeal to the CA, clearly, cannot stay the order of suspension,” Zarate said. —Frinston Lim