Ombudsman explains lifting of Dimalanta suspension

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

The Ombudsman, in an order dated October 22, 2024, “motu propio” or in its own volition lifted the August 20, 2024 order of preventive suspension issued against Dimalanta.

The ERC chief’s suspension stemmed from the complaint filed by the National Association of Electricity Consumers for Reforms Inc. (Nasecore), which alleged that the ERC failed to recalculate Meralco’s distribution rate.

The Ombudsman said that Dimalanta has filed a motion for reconsideration against the preventive suspension order.

The ERC chief, in her appeal, questioned why she was the only one charged, pointing out that the regulator is a collegial body and that the chairman cannot make decisions for the agency alone.

The Ombudsman said that on October 1, 2024 it denied Dimalanta’s motion for reconsideration “considering that there was sufficient basis for the issuance of the preventive suspension.”

With this, the Ombudsman said that “for clarity, a distinction must be made between the Resolution denying the MR (motion for reconsideration) and the Order lifting the preventive suspension.”

It explained that in Quimbo vs. Gervacio (GR No. 155620, August 9, 2005), it is settled that “preventive suspension is merely a preventive measure, a preliminary step in an administrative investigation.”

“The purpose of the suspension order is to prevent the accused from using his position and the powers and prerogatives of his office to influence potential witnesses or tamper with records which may be vital in the prosecution of the case against him."

The Ombudsman explained that pursuant to law and jurisprudence, it is explicitly authorized to issue a preventive suspension order under Section 24 of RA 6770 when two conditions are met. 

“These are: (a) the evidence of guilt is strong based on the Ombudsman's judgment; and (b) by any of the three (3) circumstances - (1) the charge against such officer or employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty; (2) the charges would warrant removal from office; or (3) the respondent's continued stay in the office may prejudice the case filed against him."

The Ombudsman said the preventive suspension order is effective during the period of investigation but not to exceed six months.

“Respondent Dimalanta has already filed her counter-affidavit and the documents needed in the investigation are already in the possession of the investigators,” it said.

“What is simply left to be done is the submission of Position Papers and a clarificatory hearing,” it added.

The preventive suspension was lifted prior to the expiration of the six-month period provided by law “as in the other cases investigated by the Ombudsman.”

“When the reason for the preventive suspension has already ceased, justice and fair play demands that the preventive suspension should not be for the full six-month period allowed by law but should immediately be lifted,” it said.

Following the Ombudsman’s lifting of the suspension, Malacañang has reinstated Dimalanta as the chairperson of the ERC. 

The ERC said Dimalanta’s reinstatement will stabilize the regulatory agency.

"The ERC welcomes the decision of the Ombudsman to lift the Order of the preventive suspension, as it would ensure the stability within the agency and the energy industry as a whole. The Commission also extends its gratitude to Officer-in-Charge Jesse Hermogenes T. Andres whose brief stint helped steer the agency through a critical period," the ERC said.

"With Chairperson Dimalanta's return, the ERC continues its commitment to fulfilling its mandate as the country's energy regulator," the ERC added.

Further, the ERC said that the Ombudsman order lifting Dimalanta’s suspension dated Oct. 22 stated that “after a thorough evaluation of the present case records, this Office finds that the ground which justifies the continued imposition of preventive suspension no longer exists. Therefore, preventive suspension is no longer necessary.”

Dimalanta’s tenure as ERC chief is until July 2029, since she was appointed to a seven-year term by President Ferdinand Marcos Jr. in July 2022. 

—VAL, GMA Integrated News