Tupas Cries Harassment

By Erly C. Garcia

Amid rumors about his alleged imminent suspension from office, Iloilo Governor Niel Tupas Sr. came out Thursday to assail what he calls the “grand scheme” employed by some people close to President Arroyo to have him suspended as a result of his joining earlier calls for the president to resign.

Tupas received on September 14, 2005 a communication from Justice Secretary Raul Gonzalez Sr. requesting him to explain/comment on the administrative complaint filed by the People's Graftwatch of Iloilo Inc. dated September 1, 2005.

The complaint stemmed from the alleged illegal disbursement of funds by the governor to the Sangguniang Panlalawigan through Board Member Cecilia Capadosa to be used for trainings and seminars.

The governor questioned Gonzalez's authority in ordering him to answer the complaint through his office saying the said complaint was lodged before the Office of the President. Besides, he said, the complaint was administrative in nature.

“In what capacity is he doing this?” asked the governor who was visibly irked by the said DOJ letter.

Tupas explained DOJ has no jurisdiction over public officials especially pertaining to administrative matters. He said it is the office of the president or the Department of Interior and Local Government (DILG) who has direct supervision over them. Also, he said, complaints against erring public officials are under the jurisdiction of the Office of the Ombudsman.

However, Tupas said he would answer Gonzalez's letter within seven days, as ordered, to show his respect for the justice secretary. He said, in his answer he will remind Gonzalez that he is out of jurisdiction.

Provincial Administrator Manuel Mejorada, however, noted that Gonzalez was acting on a questionable complaint. He said the complaint addressed to the Office of the President was not even stamped “received”.

He added Gonzalez was also committing abuse of power when he acts on something that is not even under his jurisdiction.

“Clearly this is a form of harassment and persecution on the part of Governor Tupas for abandoning the Arroyo administration,” said Mejorada.

“They are merely looking for ways in which to suspend the governor,” he added.

Tupas clarified that he is willing to face any investigation as long as it comes from a proper agency.

He even said that he is willing to face suspension so long as it comes from a legal authority.

Tupas said by sending him the said communication Gonzalez was violating all the legal procedures.

“As Secretary of Justice he must be the first to observe the rule of law,” Tupas laments.

Meanwhile, a source told The News Today that a five-man team has been created by the DOJ to investigate all the accusations hurled against the Tupas administration.

Reportedly, the five-man team is composed of Special State Prosecutor Leo Garcera, who sits as chairman, Regional State Prosecutor Domingo Laurea, vice chairman, and members Prosecutor Bernabe Dusaban and two other male lawyers.

To note, the Tupas administration is facing two complaints in the Office of the President, three in the Office of the Ombudsman, and one in the Office of the Justice Secretary. (With a report from F. Hibionada)