Ombudsman suspends newly-reinstated Batangas town mayor

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Lobo Mayor Lota Manalo has just returned to work after the Court of Appeals reversed an earlier dismissal order of the Office of the Ombudsman

BATANGAS CITY, Philippines – Just days after her reinstatement as mayor of Lobo town in Batangas, Lota Manalo received another suspension order from the Office of the Ombudsman. 

Ombudsman Samuel Martires has ordered the preventive suspension of Manalo for six months without pay for grave misconduct and conduct prejudicial to the interest of the service.  

The case stemmed from a complaint filed by Victor Ramos against Manalo, Municipal Accountant Ethel DC Magnaye, Municipal Treasurer Leandro Canuel.  

On April 24, Manalo returned to office after the Court of Appeals reversed an earlier decision of the Ombudsman to dismiss her for grave misconduct, gross neglect of duty, and violation of the Ease of Doing Business Act.

In a press conference on Wednesday, April 30, Manalo said she was still the mayor of Lobo amid photos circulating online showing Vice Mayor Geronimo Alfiler taking his oath before Barangay Captain Mafriel Dimaano as Lobo mayor.

“Kahapon ako’y nagtrabaho, pumasok bilang mayor, nagpa meeting, pumunta sa RCA…bumisita rin ako sa patay.  Biglang nagkaroon na ng panunumpa, pag assume ng office. Nakakalungkot po na dali dali, tinake over na agad. Ganoon po ba? Hindi ba dapat tingnan ang basehan at kung puwede itong iimplement?” Manalo said.

(I went to work as mayor yesterday, conducted a meeting, went to the RCA…went to a wake. All of a sudden, an oath-taking took place to assume [my] office. It’s disappointing that the take over was done in haste. Should it be that way? They should have verified the basis, if this can be implemented.)

According to her lawyer, Julius Henry Balteza, the suspension order cannot be implemented during the election period.

Under Section 261 (x) of the Omnibus Election Code on the suspension of elective provincial, city, municipal or barangay officers reads: “The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the ‘Anti-Graft and Corrupt Practices Act’ in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.”

“We have to follow the procedure laid down by law. Kapag meron ng DILG order saka tayo reresponde.  Wala pang DILG at Comelec order,” Balteza said.

(We have to follow the procedure laid down by the law. If there is a DILG order, then we will respond. There’s no DILG or Comelec order yet.)

As of posting time on Thursday, May 1, Commission on Elections (Comelec) Batangas Election Supervisor Jonalyn Sabellano said they have not received any document  in relation to the Ombudsman’s suspension order. – Rappler.com