Carmen 8 requests guv to recall suspension order

The eight Carmen town officials led by Mayor Pedro Budiongan Jr. have requested Gov. Erico Aumentado to recall or suspend the implementation of the suspension order issued by the Sandiganbayan's Fourth Division. Aside from Budiongan, the other officials named as accused in the case are Vice Mayor Josil Trabajo, Councilors Rufino Adlaon, Tito Montajes, Mario Soria and Carlito Torrefranca, Municipal Budget Officer Taciana Espejo and Municipal Treasurer Fulgencio Pana.

In a letter sent to Aumentado by lawyer Alexander Lim, counsel for the eight accused, the Carmen town officials pointed out that there is still a motion for reconsideration filed before the court. Lim noted that the Sandiganbayan has given the Ombudsman 10 days to file its comment on the motion of the accused for reconsideration. In the motion for reconsideration, the accused argued that Budiongan may no longer be suspended after he had been previously suspended without violating doctrinal law and jurisprudence. While conceding the fact that the suspension, while not automatic, is mandatory, they argued that Budiongan may not be suspended again because this will run afoul with the doctrine and jurisprudence that the accused can only be suspended once in a year's time.

The accused also pointed out the certification of the provincial government that there are only 11 members of the Carmen Sangguniang Bayan (SB) and not 14 as assumed by the court. They noted that the suspension of the vice mayor and four SB members will result in a hiatus in government service. In the motion for reconsideration, the accused raised two issues, one legal and the other factual.

The first is whether Budiongan can still be suspended without running afoul with doctrinal law and jurisprudence. The second issue is whether all the accused officials of Carmen may be suspended without causing a hiatus in government service. In requesting Aumentado to either recall or suspend the implementation of the suspension order signed by Provincial Administrator Tomas Abapo Jr., Lim said this is in the interest of justice. “Our clients have the right to exhaust all legal remedies afforded to them pursuant to the provisions provided for in our constitution,” Lim added.

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