Ombudsman rules: Rupinta, 7 others still suspended

Ermita Barangay Captain Felicisimo Rupinta

THE Office of the Ombudsman – Visayas (OMBV) denied a motion for reconsideration (MR) filed by Ermita barangay captain Felicisimo “Imok” Rupinta and seven village councilors currently under preventive suspension for six months upon orders of the anti-graft office.

In denying the motion, the OMBV said that a preventive suspension is not a disciplinary measure, and should not be confused with suspension imposed as a penalty.

“In fact, if the administrative investigation is not terminated within the period the respondent is suspended, the respondent shall be automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence, or any cause attributable to the respondent,” the order read.

“Preventive suspension is designed merely as a measure of precaution so that the official charged may be removed from the scene of his/her alleged misfeasance/malfeasance/nonfeasance while the same is being investigated,” it added.

Rupinta, together with barangay councilors Marky Rizaldy Miral, Antonieto Flores, Ryan Jay Rosas, Alio Tamundo, Domingo Ando, Maria Buanghug, and Wilbert Flores, questioned the preventive suspension ordered by OMBV last January 16 on the ground that they were not informed about the charge beforehand and given the chance to refute the allegations made by Philippine Drug Enforcement Agency (PDEA) regional director Yogi Filemon Ruiz.

Last November, Ruiz filed a criminal complaint for alleged violation of Article 233 (refusal of assistance) under the Revised Penal Code as well as administrative complaints against the Ermita officials for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.

The complaints stemmed from the officials’ alleged failure to cooperate with PDEA-7 during a drug raid conducted on a “shabu tiangge” located within Unit 2 of Carbon Public Market.

The raid yielded P800 thousand worth of suspected shabu (methamphetamine) and led to the arrest of suspected drug dealer Richard “Tata” Cañete, who allegedly operated in Sitio Bato, Barangay Ermita.

“A reasonably prudent mind would be constrained to believe that there is strong evidence that respondents failed to cooperate and witness the conduct of physical inventory of the seized and confiscated items which act is unlawful,” the Ombudsman order read.

According to the order, Rupinta’s assertion that they were deprived of due process because they were not informed ahead of the charges against them does not hold water as it is not required that a notice of the charges against the accused must precede an order meting out preventive suspension.

Citing jurisprudence, the Ombudsman held that while a preventive suspension may stem from a complaint, the Ombudsman is not required to furnish the respondent with a copy of the complaint prior to ordering preventive suspension.

Not surprised

Rupinta said that the order did not come as a surprise as the Ombudsman seemed to be giving their case special treatment.

“We expected the dismissal. We know them already. We know who is behind this, the one who is sitting at city hall. This case is really special compared to the others. This was done very quickly,” Rupinta said in Cebuano.

Rupinta hoped the Ombudsman would speed up hearings so that their side can be heard and the truth uncovered.

Cebu City Mayor Tomas Osmeña welcomed the motion’s dismissal, saying that residents have adjusted to the current situation in Ermita.

Osmeña said that following the suspension of Rupinta and other officials, “illegal collections” done in the barangay had stopped.