By Rjay Zuriaga Castor
Eight members of the Sangguniang Panlalawigan (SP) of Antique are challenging the suspension order issued by the Office of the Ombudsman, claiming it violates election laws.
In a letter to Vice Gov. Edgar Denosta on Monday, March 24, the officials argued that the order contravenes the Omnibus Election Code and Commission on Elections (Comelec) Resolution No. 11059.
“It is highly imperative to emphasize [that the] Omnibus Election Code of the Philippines provides that suspending any elective provincial officer is prohibited during the election period,” they stated, citing Section 261 (x) of the Code.
The provision prohibits the suspension of elective local officials during the election period without prior Comelec approval.
The only exception is when the suspension is applied under the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019.
The SP officials also cited Comelec Resolution No. 11059, promulgated in September 2024.
They pointed to Section 15, Rule V, which states that from January 12 to June 11, 2025, no public official may suspend any elective provincial, city, municipal or barangay officer without prior written approval from the Commission.
The same provision applies to both preventive and penalty suspensions.
“The decision of the Office of the Ombudsman squarely falls within the ambit of the aforementioned laws and rules,” the SP members said.
“It is further submitted that the penalty of suspension as stated in the Decision may not be executed without violating the aforementioned laws and rules,” they added.
The officials called on the Ombudsman to comply with election laws and uphold the integrity of the electoral process and the rule of law.
They said they will continue performing their official duties and functions until the legal issues surrounding the suspension are resolved.
The suspended SP members include Egidio Elio, Rony Molina, Victor Condez, Alfie Jay Niquia, Plaridel Sanchez IV, Mayella Mae Ladislao, Kenneth Dave Gasalao and Julius Cezar Tajanlangit.
They were found guilty of grave abuse of authority, grave misconduct and conduct unbecoming of a public officer for failing to allocate funds in a supplemental budget requested by the governor.
The Ombudsman ordered their suspension for one year without pay or a fine equivalent to one year’s salary if they are no longer in office.
