Ombud affirms suspension order

The Office of the Ombudsman-Visayas affirmed the six-month preventive suspension against the eight officials of Barangay Ermita, Cebu City who were accused of failing to cooperate in a drug raid last year.

Deputy Ombudsman Paul Elmer Clemente denied the motion for reconsideration filed by Barangay Captain Felicisimo “Emok” Rupinta and the seven councilors for lack of merit

“While a preventive suspension order may stem from a complaint, the Ombudsman is not required to furnish the respondents with a copy of the complaint prior to ordering the preventive suspension,” read Clemente’s five-page order.

The Ombudsman suspended Rupinta and the barangay councilors pending the conduct of an administrative investigation against them for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.

The suspended councilors were Marky Rizaldy Miral, Antonieto Flores, Ryan Jay Rosas, Alio Tamundo, Domingo Ando, Maria Bianghug and Wilbert Flores.

Philippine Drug Enforcement Agency 7 Director Yogi Filemon Ruiz filed the complaint and accused the officials of refusing to be the witness on the inventory of seized items during their operation that yielded P800,000 worth of shabu last November.

Assisted by their lawyer Paul Gino Lopez, the respondents filed a motion for reconsideration last Jan. 20, arguing that the allegations by the complainant do not justify the suspension order.

“The (suspension) order is contrary to law and even a blatant disregard of the Constitutional requirement of due process of law,” the motion states.

In his order, Clemente said that the affidavits of the PDEA 7 agents contain “strong evidence” that the respondents indeed failed to cooperate and witness the conduct of physical inventory of the seized illegal drugs.

Since the charges were grave misconduct and gross neglect of duty, Clemente said that the officials’ continued stay in office “may prejudice” the case filed against them.

“Besides, preventive suspension is not a disciplinary measure and should not be confused with suspension imposed as a penalty,” said Clemente.

Mayor Tomas Osmeña welcomed the decision of the anti-graft office.

Since City Market Administrator Atty. Winifredo Orcullo took over as caretaker of the village, he said that the peace and order situation in Ermita has improved.

He said that the residents, who were initially against the involvement of SPO1 Adonis Dumpit in maintaining peace and order in the barangay, have “adjusted” to the situation.

“There are no problems, but I don’t know as far as the dismantling of the drug distribution, gambling, or any foolishness that’s happening in Ermita,” Osmeña said.

He also said that the illegal collections allegedly made by the barangay officials from the vendors of the Carbon Public Market had also stopped since Orcullo assumed his post in Ermita.

“They were collecting almost P100,000 a day. The vendors are now happy,” he said /