PNP chief asks CA to stop his suspension

From the Philippine News Agency (Dec 10): PNP chief asks CA to stop his suspension

Philippine National Police (PNP) Chief Director General Alan Purisima on Wednesday asked the Court of Appeals (CA) to stop the implementation of the preventive suspension order against him.

In a 21-page petition for certiorari, Purisima told the CA that Ombudsman Conchita Carpio Morales committed grave abuse of discretion in ordering his preventive suspension.

Purisima, through his counsel Atty. Kristoffer James Purisima, said that there is no sufficient ground to justify the suspension order.

Under Republic Act No. 6770, or the “Ombudsman Act of 1989”, particularly Section 24, preventive suspension is given only if in the Ombudsman's judgment, the evidence of guilt is strong and the charge against the officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty.

In this case, however, the order of preventive suspension "is not supported by substantial evidence and is in violation of law and/or jurisprudence since there is no evidence of guilt whatsoever against petitioner (Purisima)," the petition said.

The Office of the Ombudsman (Ombudsman) ordered last Dec. 4 a six-month preventive suspension against Purisima and other police officials over a questionable contract with courier service company Werfast Documentary Agency in 2011.

However, the appeal said that Purisima did not recommend a specific service provider in delivering firearms license cards of gun owners.

The petition said that what Purisima approved was only the manner of distributing the license firearms cards and nothing else.

"With all due respect, by whatever stretch of the imagination, that’s hardly evidence of petitioner's alleged Gross Negligence and/or Gross Neglect of Duty, which connotes breach of duty that is flagrant and palpable. No such breach of duty exists on the part of petitioner," the petition said.

The petition added that even before Purisima signed the memorandum on the manner of distributing firearms license cards, it passed through several offices, including The Acting Director for Operations (TADO), The Acting Chief of the Directorial Staff (TACDS), The Deputy Chief for Operations (TDCO) and The Deputy Chief for Administration (TDCA).

"Thus, petitioner was not obligated to personally verify or check the entire records in relation to the accreditation of Werfast Documentation Agency Inc. Petitioner may rightfully rely on the recommendations of his subordinates absent any clear showing that said recommendations are without factual or legal basis, invalid and/or irregular," the petition said.

Citing the Supreme Court (SC) ruling in the case of Arias vs. Sandiganbayan, the petition said that "we would be setting a bad precedent if a head of office plagued by all too common problems - dishonest or negligent subordinates, overwork, multiple assignments or positions...is suddenly swept into a conspiracy conviction simply because he did not personally examine every single detail...in a transaction before affixing his signature."

Likewise, Purisima said that following the Ombudsman order, it would appear that she has already prejudged his case after the order stated that he conspired with other officials of the PNP.

"Preventive suspension is but only a preliminary step in an administrative investigation and is not in the nature of a punishment or penalty," he said.

He also said that "the assailed order already takes the form of a penalty, contrary to the nature of a preventive suspension and contrary to the fact that petitioner is not party of any such conspiracy."

Purisima also said that there is no compelling necessity to preventively suspend the PNP Chief.

Under the Ombudsman Act, a public official may be preventively suspended if his continued stay in office may influence the possible outcome of the investigation against him.

In this case, he said that Purisima has no means to tamper, influence evidence against him because the investigation is not with the PNP but with the Ombudsman.

The case arose from an anonymous complaint and another complaint filed by Glenn Gerard Ricafranca alleging that they siphoned funds from the mandatory delivery fees paid by gun owners in securing their gun licenses, through the PNP entering into a Memorandum of Agreement (MOA) with Werfast for courier services in the delivery of firearms license cards despite its non-accreditation and having been incorporated only after the execution of the MOA, with a capitalization of only Php65,000.

Purisima, and several other PNP officials were preventively suspended pending administrative charges for grave misconduct and serious dishonesty against them.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=714854