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THE Office of the Ombudsman scores a victory at the Sandiganbayan
after the latter ordered the suspension of Gov. Milagrosa Tee Tan of
Samar and four other high-ranking provincial officials for eight
counts of graft charges lodged against them.
In a 12-page Resolution of the Sandiganbayan
Fourth Division, penned by Associate Justice Jose Hernandez and
concurred by Justices Samuel Martires and Gregory Ong, it slapped a
90-day suspension against Tan finding probable cause to the
Ombudsman indictment.
The Anti-Graft Court ordered the Interior and
Local Government Secretary Ronaldo Puno to immediately implement
Tan’s suspension while Vice Gov. Jesus Rejada of Samar was asked
by the court to enforce the suspension order against provincial
administrative officer Rolando Montejo, treasurer Damiano Conde,
accountant Romeo Reales, budget officer Maximo Sison and property
inspection officer Numeriano Legaspi.
The Sandiganbayan junked Tan’s claim that she
“cannot be suspended because the public would be deprived of her
services is untenable.” It said the Supreme Court has held that
nobody in public office is deemed indispensable.
Ombudsman Ma. Merceditas Gutierrez had ordered
the filing of graft charges against them for the alleged anomalous
purchases of medicines and other goods worth P16.1 million without
public bidding for the period December 2001 to December 2002.
The ruling made clear that a preventive
suspension is intended to prevent the accused public officer from
hampering his prosecution by intimidating or influencing witnesses,
tampering with documentary evidence or committing further acts of
malfeasance while in office
The court also pointed out that the law does not
require that the guilt of the defendant or the strength of evidence
against him be established first.
Office of the Ombudsman Director Cornelio Somido
and assistant special prosecutor Jacinto dela Cruz Jr. sought the
suspension of the accused arguing that the validity of the charges
is now beyond question after the arraignment of all defendants.
It will be recalled that the Office of the
Ombudsman lodged the cases at the Sandiganbayan in 2004 against the
accused on the basis of the complaint of Fr. Noel Labendia, parish
priest of the Diocese of Calbayog and founding leader of Isog Han
Samar Movement, an anti-corruption group in the province.
The complaint alleges that the said government
officers allegedly acted in conspiracy in approving anomalous
purchases of P16.1-million worth of supposed “emergency
supplies” without any public bidding.
It was pointed out that the purchases included
rice, medical items and electric fans earmarked for victims of
Typhoon Kidang which hit portions of the province on December 4 and
5, 2001.
-- Jomar Canlas
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