DILG, Ombudsman stood by Ecija gov’s suspension despite TRO

The Department of the Interior and Local Government and the Office of the Ombudsman upheld the "valid service" of the six-month preventive suspension against Nueva Ecija Governor Aurelio Umali.

Despite the issuance of a restraining order by the Court of Appeals, through its 11th Division Justices Mary Charlene Hernandez-Azura and Florencio M. Mamauag Jr., in  favor of Umali, the Ombudsman noted that the suspension was necessary citing “strong evidence showing his guilt.”

The five-page order dated 10 May, obtained by reporters over the weekend, was signed by Special Prosecutor Edilberto Sandoval on behalf of Ombudsman Samuel Martires.

It can be recalled that Office of the Ombudsman has ordered the preventive suspension against Umali, along with his wife Czarina Umali—a former governor of Nueva Ecija—and Provincial Environment and Natural Resources Officer Wilfredo Pangilinan, amid its investigation of the administrative cases filed against him in connection with the alleged illegal issuance of 205 permits for sand and gravel extraction in Nueva Ecija “without the requisite Environmental Compliance Certificate or ECC.”

The Ombudsman pointed out that the act was a “clear circumvention” of Republic Act 7942 or the Philippine Mining Act.

The House of Representatives Committee on Good Government and Public Accountability has already conducted hearings on the illegal quarrying operations in Nueva Ecija—allegedly sanctioned by its Provincial Government.

Based on the compliance report by DILG Assistant Regional Director Jay Timbreza, the Order for Preventive Suspension by the Office of the Ombudsman was received by the DILG-Central Office on 14 May.

The DILG failed to serve the suspension in its first attempt on 21 May.

The suspension order was twice served on 22 May in the Office of the Provincial Governor in Cabanatuan, Nueva Ecija, and in the New Provincial Capitol in Palayan City, Nueva Ecija. 

The Capitol’s officials in charge refused to receive the order as Umali was on leave. 

The Ombudsman noted that Umali’s suspension is “immediately executory" and it was necessary “to avoid his commission of further malfeasance or misfeasance in office.”

Hence, the DILG then decided to post a copy of the order on the front door of the Office of the Provincial Governor and at the entrance door of the New Provincial Capitol.

Umali, his wife, and Pangilinan are facing charges of grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service

The charges stemmed from a complaint filed by a certain Roberto Duldulao. 

In a Resolution issued by the Court of Appeals on 22 May, Justice Mary Charlene Hernandez-Azura and Justice Florencio Mamauag Jr. granted Umali’s application for a temporary restraining order partly based on “the indispensability of the governor’s office in connection with the delivery of services to his constituents.”