8 Antique lawmakers defy Ombudsman’s suspension order, cite election rule

ILOILO CITY, Philippines – Eight provincial board members in Antique reported for work on Monday, March 24, defying a suspension order from the Office of the Ombudsman, and arguing that election rules prohibit its enforcement during the election period.

The suspended Sangguniang Panlalawigan members – Egidio Elio, Rony Molina, Victor Condez, Alfie Jay Niquia, Plaridel Sanchez IV, Mayella Mae Ladislao, Kenneth Dave Gasalao, and Julius Cezar Tajanlangit – asserted in a letter to Antique Vice Governor Edgar Denosta that they would continue fulfilling their official duties until legal issues surrounding the suspension order are resolved.

The Ombudsman found them guilty of grave abuse of authority, grave misconduct, and conduct unbecoming of public officials after they failed to act on Antique Governor Rhodora Cadiao’s 2024 request for a supplemental budget.

The P1.075-billion proposal included P765 million for solar energy projects, such as hospital and home installations and street lighting. The provincial board, however, allocated no funds for the projects.

The officials cited a rule in challenging the order’s enforcement: a suspension order against elected officials cannot be implemented within 90 days of the election period.

The eight officials attended the regular session of the provincial board on Monday, but were not recognized in the roll call – their names were excluded from the order of business approved on Friday, March 21.

“We attended the session because we believe that the decision of the Ombudsman cannot be implemented because of the ban,” Niquia said. 

Niquia argued that since the Ombudsman’s suspension order was not executed or implemented, “we would be blamed in the future if we abandoned our duty as elected officials.”

He said they would file a petition for certiorari with the Court of Appeals (CA) before the election period ends on June 11. A petition for certiorari is a legal remedy that allows a party to seek a review of a lower court or quasi-judicial agency’s decision.

Unenforceable suspension?

The officials argued that the Ombudsman’s decision, signed on March 7 and handed to them on March 17, went against the Omnibus Election Code and Commission on Elections (Comelec) Resolution No. 11059, which prohibit the suspension of elected officials during the election period.

“The decision of the Ombudsman squarely falls within the ambit of the aforementioned laws and rules,” part of their letter read. “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.”

The officials cited a clause in the election code, which explicitly prohibits the suspension of elected local officials during the election period unless prior approval is obtained from Comelec.

The code, however, provides an exemption only if the suspension is related to the Anti-Graft and Corrupt Practices Act.

The provincial board members also cited Section 15, Rule V of Comelec Resolution No. 11059, promulgated in September 2024.

“From January 12, 2025, to June 11, 2025, the provisions of law to the contrary notwithstanding, no public official shall, except upon prior written approval of the Commission, suspend any elective provincial, city, municipal or barangay officer,” the resolution reads.

Antique’s legislature, which schedules regular sessions every Monday, was unable to conduct official business due to a lack of quorum caused by the suspension of eight members.

Denosta said they would send the letter to the Department of the Interior and Local Government (DILG) and Comelec, and wait for them to comment or act on it. 

“Hopefully, the DILG would be proactive so as to not prolong this agony,” he said.

Denosta said the provincial board would continue holding sessions to roll-call the attendance of non-suspended officials.

“This is the first time this has happened in Antique, where eight members of the SP underwent these trials. We are saddened by this, but we respect the process of the Ombudsman,” he added.

Party nominees to fill seats

To address the legislative deadlock, DILG-VI Director Juan Jovian Ingeniero said they would implement a temporary appointment process similar to the one used during the officials’ preventive suspension in August 2024.

“The same format that we did last August, wherein each party concerned will nominate the temporary official to fill the vacancy. They will nominate from the party, and we will submit it to the Central Office. The DILG, with the authority of the president, will appoint,” he said last Wednesday, March 19.

Under DILG Memorandum Circular No. 2019-21, appointees must meet the qualifications outlined in the Local Government Code. If the officials are not affiliated with a political party, the provincial board may recommend a temporary replacement, subject to DILG approval.

During the previous suspension, the appointment of temporary officials took a month, delaying the passage of ordinances and budget proposals. – Rappler.com