Ombudsman announces Dimalanta’s suspension has been lifted

The Office of the Ombudsman on Saturday issued a statement to shed light on why it lifted a six-month preventive suspension against Energy Regulatory Commission chairperson Monalisa Dimalanta, despite rejecting her appeal to overturn the suspension.

In the Ombudsman’s order dated October 22, 2024, “motu propio” or voluntarily lifted the precautionary restraining order issued against Dimalanta dated August 20, 2024.

The dismissal of the ERC chief stemmed from a complaint by the National Association of Electricity Consumers for Reforms (Nasecore), which alleged that the ERC had not recalculated Meralco’s distribution rate.

The Ombudsman said Dimalanta requested reconsideration against the preventive restraining order.

The ERC chief questioned in the appeal why he was the only person accused, noting that the regulator was a professional body and the chairman could not make decisions on behalf of the agency alone.

The Ombudsman said on October 1, 2024, it rejected Dimalanta’s request for reconsideration “considering that there was sufficient basis for the issuance of a preventive restraining order.”

However, the Ombudsman said that “for the sake of clarity, a distinction should be made between the Decision rejecting the MR (request for reconsideration) and the Decision lifting the preventive suspension.”

He explained that in Quimbo v. Gervacio (GR No. 155620, August 9, 2005), it was held that “preventive suspension is merely a preventive measure, a preliminary step in the administrative investigation.”

“The purpose of the stay order is to prevent the defendant from using his position and the powers and privileges of his office to influence potential witnesses or to falsify records vital to the prosecution of the case against him.”

The Ombudsman explained that, in accordance with the law and jurisprudence, it is expressly authorized to issue a preventive restraining order under Article 24 of RA 6770 if two conditions are met.

“These are as follows: (a) In the judgment of the Ombudsman, the evidence of guilt is strong; and (b) in any of three (3) circumstances – (1) the charge against such officer or employee involves dishonesty, oppression, or gross misconduct or negligence in the performance of duty; (2) the charges would warrant removal from office; or (3) the defendant’s continued existence in office may prejudice the case against him.”

The Ombudsman said the preventive restraining order is valid for the duration of the investigation, but cannot exceed six months.

“The defendant Dimalanta has already submitted his counter-affidavit and the documents required for the investigation are already in the hands of the investigators,” the statement said.

“All that needs to be done is the filing of Position Papers and an explanatory hearing,” he added.

“As in other cases examined by the Ombudsman,” the precautionary restraining order was lifted before the six-month period stipulated by law expired.

“When the reason for preventive suspension has already disappeared, justice and fair play demand that the preventive suspension not be for the entire six-month period permitted by law, but be lifted immediately,” he said.

After the Ombudsman lifted the penalty, Malacañang reinstated Dimalanta as chairman of the ERC.

The ERC said reinstating Dimalanta would stabilize the regulator.

“The ERC welcomes the Ombudsman’s decision to lift the preventive restraining order, as this will ensure stability within the agency and in the energy sector as a whole. The Commission also expresses its gratitude to Officer-in-Charge Jesse Hermogenes T. The ERC said, “His short-term appointment has brought the agency at a critical time said Andres, who helped manage it.

“With the return of President Dimalanta, ERC remains committed to fulfilling its mandate as the country’s energy regulator,” the ERC added.

Additionally, the ERC stated that the Ombudsman order dated October 22 to lift Dimalanta’s suspension stated: “After a comprehensive evaluation of the available case records, this Office has determined that the justification for the continuation of the preventive suspension no longer exists. Therefore, preventive removal is no longer necessary.”

Dimalanta’s tenure as ERC chief ends in July 2022, when President Ferdinand Marcos Jr. Since his appointment to a seven-year term until July 2029.

—VAL, GMA Integrated News