Appellate court stops suspension order vs Roderick Paulate et al.


Roderick Paulate

MANILA, Philippines—The Court of Appeals stopped the Office of the Ombudsman and the Department of the Interior and Local Government from implementing the suspension order against former comedian turned councilor and his colleague in connection with allegations of maintaining “ghost employees” in the payroll of the Quezon City Council.

In a 4-page Court of Appeals resolution, its special 9th division said “after a careful perusal of the allegations contained in the present petition, verily, this Court finds that Petitioners will suffer great and irrep[arable] injury if no temporary restraining order will be issued pending the determination of facts upon which this petition is based. Thus, petitioner’s prayer is granted.”

The TRO in favor of Quezon City Councilors Roderick Paulate and Francisco Calalay and Liaison Officer Vicente Bamamunde will be effective for 60 days.

At the same time, the appeals court asked the Ombudsman and the DILG to comment on the petition within 10 days upon receipt of the resolution.

The case stemmed in May after the Ombudsman approved the recommendation made by the Field Investigation Office (FIO) to conduct a formal investigation on the complaint filed by a certain Jimmy Lee Davis through counsel former Senator Aquilino Pimentel Jr.

The three is facing preliminary investigation on possible case of Malversation of Public Funds through Falsification of Public Documents, Violation of Section 3(e) of Republic Act No. 3019 and administrative charges for Grave Misconduct, Serious Dishonesty and Falsification of Official Documents.

Based on FIO investigation, the two councilors maintained “job order personnel” under their respective offices which turned out to be fictitious persons. These fictitious personnel received monthly wages ranging from PhP2, 500.00 to PhP5,000.00.

Investigation disclosed that these fictitious personnel do not have birth records from the National Statistics Office, are not registered voters of Quezon City, have secured NBI clearances, and are not known in the respective barangays where they allegedly reside or the indicated Barangay-addresses where they purportedly reside do not exist.

For the period January to November 2010, Councilor Calalay maintained 29 ghost employees, while Councilor Paulate maintained 30 ghost employees for the period July 2010 to November 2010.

A total of Php2,175,000.00 in wages was disbursed by Councilor Calalay, while Councilor Paulate disbursed a total of PhP1,125,000.00.

But the appeals court agreed with petitioners Paulate and the two others that there is no compelling necessity to place them under preventive suspension.

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  • Johnjohn

    lahat po ng elected officials sa City Government ng QC paimbestigahan po.. sure guilty sila di lang si Calalay at Paulate.. 

    • threepoint1416

      What a hasty generalization. This attitude has made us sourpuss when it comes to finding that last flicker of hope for our country. It’s an idea (that’s everywhere) that makes politicians believe and fall into, ergo making them one. Amidst this sea of “evil politicians”, there might be one — just one — keeping the honor and dignity as a politician longing for a change or just even as a person doing the job. If we could start putting our trust to our politicians (ugh, quite a task to do), maybe they will be able to see their worth as a politician; as a person.

      • sanjuan683

        Bagay sa iyo nasa Amerika ka pa-english english ka pa hindi ka ba marunong mag-tagalog. Punta ka dito sa US mga mexicano dito puro spanish magsalita mahal nila ang sariling wika. Diyan tayo talo ng ibang nacion gamit sariling nila wika. hehehehehehe How are you doing today I hope your fine. Akala mo hindi ako marunong mag-english.  hehehehehe

      • threepoint1416

        Anyare sa ‘yo? Nagka-cancer ako sa post mo te.

      • Ben

        parang trapo magsulat ah

    • clavenilo

      tama ka , pati yang nag disburse ng pera, gumawa ng allocation hati hati ang mga yan hindi lang magawa ng isang tao yan.  Its about time ma exposed na at ma punish ang mga ito sa subrang dami mahhiharap dyan sa QC

      • sanjuan683

        isama na ninyo si bistek at cong  Balmonte sa inbestigasyon hehehehe baka may alam sila nuon pa. hehehehehehe

  • akoombulator

    The case “stemmed in” May…
    The three “is” facing… patay tayo dyan! di nagbibigay ng warranty ang recto university

  • clavenilo

    The reason why so many people want to go into politics including those from the entertainment indusry because it “pays off” this should be pursued by the Ombudsman until the guilty are punished . We should never accept corruption in all forms and in any level of our gov with so much poverty around us enough is enough .

  • wakats

    This is a very interesting case for students of law.

    The case of councilor roderick, et al, is still under preliminary investigation – meaning no case is yet to be filed by the ombudsman to the sandiganbayan and the accused have yet to be arraigned.  But Ombudsmman Morales already ordered their preventive suspension on 5 July 2012 after finding sufficient grounds for their preventive suspension for 6 months without pay.

    In the case of gov. gwen garcia et al, the accused were already arraigned and the sandiganbayan has already fixed the bail for each accused –  from a case stemming from the purchase  by the provincial government of cebu of 24 has. of real property, a large portion of which were alleged to be submerged under sea water.  Although preventive suspension on this case is mandatory to prevent the accused from influencing the outcome of the case, no preventive suspension is yet to be issued.



    • sanjuan683

      hehehehehehe pulitika lang yan hehehehehe di bali bukas nasa liberal party na siya absuelto na siya hehehehehehehe

  • Edwin Alba Empestan

    Paulate et. al. are being investigated for possible malversation of public funds through falsification of public documents, violation of section 3(e) of Republic Act No. 3019, grave misconduct, serious dishonesty and falsification of official documents. Hope he can save his neck otherwise more people are waiting for him at BNP for his antics.

    • sanjuan683

      pansamantalang lang yan appellate stop pagkatapos niya tuloy muntinglupa na siya hehehehe anong artista puede ba yun. walang artista kapag nagkasala kulong agad. hehehehehe

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