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CA upholds OP's dismissal of special prosecutor

MANILA, July 23 (PNA) -- The Court of Appeals (CA) has upheld the ruling of the Office of the President (OP) dismissing from the service Special Prosecutor Wendell Barreras-Sulit.

This, after the CA dismissed the appeal filed by Sulit questioning an OP investigation which later on ruled and dismissed her from the service because of the controversial plea bargaining agreement they have entered between government prosecutors and former military comptroller retired Armed Forces of the Philippines (AFP) Maj. Gen. Carlos F. Garcia.

In a six-page resolution written by Associate Justice Agnes Reyes-Carpio, the CA Eighth Division denied the motion for reconsideration filed by Sulit for lack of merit.

"Wherefore, the motion for reconsideration is Denied. Our Decision dated August 27, 2013 stands," the CA ruling said.

Concurring with the ruling were Associate Justices Ramon Garcia and Priscilla Baltazar-Padilla.

Sulit sought to annul and set aside the OP orders dated July 26, 2012 and Sept. 17, 2012.

In her supplemental petition, she also sought the annulment of the OP order dated Oct. 15, 2012 in the same case which orders the investigation against her and eventually dismissing her from the service.

"We have pointed out that we cannot legally and technically ask the Execute Branch to observe judicial courtesy but observing the same will not make those involved in administrative proceedings lesser persons, if they, by their own volition, observe the reason for the principle of judicial courtesy--respect of law and legal processes," the CA said.

Prior to her dismissal, Sulit is the chief of the Office of the Ombudsman's prosecutorial arm, the Office of the Special Prosecutor (OSP), that handles cases against high-ranking public officials filed before the Sandiganbayan.

Sulit argued that she was charged during the time she was not yet a presidential appointee, hence, the OP has no jurisdiction to investigate her.

However, the CA said that Sulit is not similarly situated with that of the the Ombudsman who can only be charged with impeachment.

"In here, it is a lot easier as there was no transfer of agency. It was a matter of promotion within the same agency. Petitioner's present position at the time of the charge is Special Prosecutor, making her clearly under the disciplinary power of the Office of the President," the CA ruling said.

The Sandiganbayan Special 2nd Division approved the plea bargaining agreement later but was disapproved by the Supreme Court (SC).

In the ruling, the CA reminded Sulit and "those who are sitting as members of a formal investigating committee to observe procedural and substantive due process, regardless of their personal views and convictions." (PNA)

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