Comelec acts on Ombudsman order to suspend 6 execs over ballot folder anomaly

The Commission on Elections (Comelec) has granted the order of the Office of the Ombudsman to put on a six-month preventive suspension six poll officials linked to the botched P690-million ballot secrecy folder contract. In separate memorandums, the Comelec en banc enacted the order of Ombudsman Merceditas Gutierrez suspending Comelec Executive Director Jose Tolentino and Bids and Awards Committee (BAC) chief Maria Lea Alarkon for entering into an allegedly overpriced contract for folders that were to be used in the May 10 elections. (See: 6 Comelec officials suspended over ballot folder anomaly) Also ordered suspended were BAC members Allen Francis Baya, Maria Norina Tangaro-Casingal, Martin Niedo and Antonio Santella. The six-month preventive suspension takes effect on Friday, July 30. "The prayer for the preventive suspension of the respondents is hereby granted. (They) are hereby placed under preventive suspension for six months without pay," the memorandum dated July 29 read. The Comelec decision, however, was not unanimous. During an emergency en banc meeting on Thursday, Comelec Commissioner Nicodemo Ferrer voted against implementing the order of the Ombudsman, citing "due process" for the poll officials. In an interview with GMANews.TV on Friday, Comelec spokesman James Jimenez said the members of the poll body en banc have yet to talk with the suspended officials since coming out with the order. But he said the affected officials are "studying the possibility" of filing a motion for reconsideration with the poll body. The anomalous contract The six officials were accused of violating Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Republic Act 3019, or the Anti-Graft and Corrupt Practices Act. Gutierrez also wants them charged with Dishonesty, Gross Neglect of Duty, Grave Misconduct and Conduct Prejudicial to the Best Interest of Public Service. The Comelec's three-man panel tasked to investigate the ballot folder controversy, under Comelec law department head Ferdinand Rafanan, had also sought the filing of charges against the six officials. The panel said Comelec chairman Jose Melo and other commissioners should be held liable for promulgating Comelec en banc Resolution No. 8795, which basically approved the deal. Melo had admitted that the poll body en banc and the BAC committed a lapse in judgment when they awarded to OTC the contract to supply and deliver 1,815,000 pieces of 25-inch long ballot secrecy folders for P690 million. The poll body canceled the contract after finding out that each folder would have cost P380. The Comelec also said that the number of folders to be purchased exceeded what was actually needed in the elections. Under Comelec Resolution 8786, there should be 22 folders per clustered precinct. There were 76,340 clustered precincts last elections, which meant the poll body only needed 1,679,480 million folders, or 135,520 folders less than the number specified in the now aborted contract. Jimenez said that the poll body would not be investigating anymore anomalous contracts. "No other contracts are under investigation in relation with the 2010 elections," he said.—JV, GMANews.TV