CA upholds suspension of Comelec execs in ballot folders mess

The Court of Appeals has affirmed the Office of the Ombudsman's move to suspend six Commission on Elections officials embroiled in the botched P690-million ballot secrecy folder contract. In a two-page resolution penned by Associate Justice Magdangal de Leon, the court's Special 15th Division said it found "no cogent and compelling reason" to issue a temporary restraining order (TRO) or a preliminary injunction that would have prevented the Ombudsman from suspending the poll officials. "There is no clear showing of a right claimed which necessitates their (Comelec officials') entitlement to an injunctive relief. Moreover, it must be emphasized that an application for injunctive relief is construed strictly against the pleader," said the ruling. "Wherefore, petitioners' prayer for injunctive relief is hereby denied," it added. Appellate court Associate Justices Mario Lopez and Manuel Barrios concurred with the ruling. Last month, Ombudsman Merceditas Gutierrez ordered the suspension of Comelec Executive Director Jose Tolentino and Bids and Awards Committee (BAC) chief Maria Lea Alarkon for the alleged overpriced contract for folders that were supposed to be used in the May 10 automated elections. Comelec-BAC members Allen Francis Baya, Maria Norina Tangaro-Casingal, Martin Niedo and Antonio Santella were also ordered suspended. The six officials were also accused of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, when BAC allegedly gave One Time Carbon (OTC) Paper Supply, the company that won the bidding for the folders, advance copies of the requirements for secrecy folders. The Comelec later aborted the contract after allegations of overpricing cropped up. Poll body chair Jose Melo said the Comelec and the BAC committed lapses in awarding the contract to OTC for the purchase of 1,815,000 pieces of 25-inch long ballot secrecy folders for P690 million. This meant that each folder would have cost P380. After the Ombudsman ordered their suspension, the embattled officials later brought the matter to the Court of Appeals and asked for a TRO. They said the Ombudsman committed grave abuse of discretion by meting out the suspension order without giving them the chance to file their counter-affidavits. — Sophie Dedace/RSJ, GMANews.TV