Jess Robredo of Naga City suspended on the basis of his questioned citizenship. Sounds familiar? The Comelec as a whole had dismissed the case; now a part of the whole, four years later, decides to suspend him on that flimsy basis, anyway.
The latest is that Makati City Hall is under siege as the suspension of Jejomar Binay has been ordered. Sounds familiar?
Two laws seem to be in conflict here.
Republic Act 6770, the Ombudsman Act of 1989:
Section 24. Preventive Suspension. – The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgement the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six months, without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided.
Batas Pambansa Blg. 881, the Omnibus Election Code, which says:
Art. 221, Sec. 254 (x) Suspension of elective provincial, city, municipal or barangay officer. – The provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspension will be for purposes of applying the “Anti-Graft and Corrupt Practices Act” in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.