CA urged to reconsider ruling vs suspension of Nueva Ecija governor
Nueva Ecija Governor Aurelio “Oyie” Umali
MANILA, Philippines — The Office of the Ombudsman has asked the Court of Appeals (CA) to reconsider its decision setting aside the six-month preventive suspension order against Nueva Ecija Gov. Aurelio Umali in connection with the alleged illegal issuance of 205 permits for quarrying in the province.
The Ombudsman issued the suspension order last May 20. It stemmed from Umali’s alleged issuance of quarrying permits to unqualified individuals without the required environmental compliance certificate from the Department of Environment and Natural Resources, and the alleged non-remittance to the local government units of their shares from the taxes collected.
READ: Ombudsman, DILG stand by decision to suspend Nueva Ecija Gov. Umali
In a 22-page motion dated September 5, the Ombudsman urged the CA to “inhibit from the case” as it cited the “alleged undue haste” in issuing the restraining order and for reportedly “ruling on the merit of the main case still pending.”
“The Ombudsman is not required by law to wait and weigh the arguments of the defense before arriving at a determination on the evidence of guilt. Being preliminary in nature, strong evidence of guilt does not mean that the defense evidence should be awaited, considered, and assessed, at such initial stage,” its statement reads.
Article continues after this advertisement“Hence, the ponencia [of the CA] gravely erred in resolving the admissibility and probative value of the entire pieces of evidence in the main administrative case which is precisely still pending before the Ombudsman,” it added.
Article continues after this advertisementThe Ombudsman also pointed out that it had “judiciously exercised its discretion in the imposition of the order of preventive suspension” and that there was no clear evidence that it committed “grave abuse of discretion.”
The Ombudsman was pertaining to the 23-page decision of the CA dated August 20 in which it granted the petition filed by Umali to nullify the suspension order issued against him.
