THE Office of the Ombudsman has issued a directive placing Anti-Red Tape Authority (ARTA) Director General Jeremiah Belgica, Deputy Director General Eduardo Bringas, division chief Sheryl Pura-Sumagui, and directors Jedrek Ng and Melamy Salvadora-Asperin under preventive suspension for six months, citing “strong evidence of guilt” in connection with pending administrative charges.
Ombudsman Samuel Martires signed the three-page order last June 2 addressed to Executive Secretary Salvador Medialdea for the immediate implementation of the suspension against the five.
“Thus, in order to secure the documents and to prevent possible harassment of witnesses and considering that their continued stay in office may prejudice the case filed against them, they are hereby placed under preventive suspension for a period of six months,” the Ombudsman said.
With less than a month left in the outgoing administration’s term, the penalty shall be converted into a fine in an amount equivalent to respondent’s salary during the period of the suspension payable to the Office of the Ombudsman.
Belgica and the other officials have yet to comment pending receipt of the official order from Medialdea’s office.
The Ombudsman’s order stemmed from a complaint filed by DITO Telecommunity Inc. against the ARTA executives relative to their action that placed the company at a disadvantage in its dispute with NOW Telecom Company Inc. concerning the distribution of contingent frequencies.
According to DITO, it was entitled to the disputed frequency assignments by virtue of its having won the distinction as the New Major Player (NMP) or third major player in the country’s telecommunications industry in 2018.
However, NOW filed a complaint with ARTA on May 18, 2020 citing the supposed inaction of the NTC on its requests for frequency assignments.
On March 1, 2021, ARTA issued a resolution and an Order of Automatic Approval, which has the effect of compelling NTC to assign the contingent frequencies in favor of NOW.
The NTC and DITO contested the validity of ARTA’s directive, invoking the opinion of the Secretary of Justice in OSJ Case No. 01-2020 which clarified that NTC proceedings are quasi-judicial in character and are outside the coverage of the automatic approval clause.
At the same time, DITO filed criminal and administrative complaints against Belgica and the other ARTA officials, alleging violations of Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices Act.
It also sought investigation of the respondents for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.
“The evidence on record shows the guilt of respondents… is strong …which may warrant removal from the service,” the Ombudsman said.
The anti-corruption agency asked the Office of the Executive Secretary to inform it of any action taken within three days from receipt of the suspension order.
