Palace: Implement ERC execs’ suspension

The Office of the President has ordered chairperson Agnes Devanadera of the Energy Regulatory Commission (ERC) to implement the decision of the Office of the Ombudsman suspending the agency’s four commissioners.

The order was contained in a memorandum issued by Executive Secretary Salvador Medialdea last Jan. 19. A copy of the memo was sent to journalists by Rep. Carlos Zarate of party-list group Bayan Muna yesterday.

Ordered suspended were Alfredo Non, Gloria Victoria Taruc, Josefina Asirit and Geronimo Sta. Ana.

Medialdea informed Devanadera that the Ombudsman’s office has found the four, together with resigned chairman Vicente Salazar, “administratively liable for conduct prejudicial to the best interest of the service, aggravated by simple misconduct and simple negligence of duty,” and has ordered them suspended without pay for one year.

In the case of Salazar, his suspension would be converted to a fine equivalent to his salary for six months to be deducted from his retirement benefits or any receivable from ERC.

The four ERC commissioners have appealed the decision of the Ombudsman’s office to the Supreme Court.

Devanadera said the ERC would not function without the four commissioners since they are a collegial body.

Zarate said the four should have been suspended last September, when the Ombudsman’s office issued its directive.

Zarate said based on jurisprudence, an appeal does not stay the administrative suspension of an erring official.

“A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. 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,” he said.

Devanadera should implement the twin orders of the Office of the Ombudsman and Medialdea “or face charges with her commissioners,” he added.