The six-month suspension slapped by the Office of the Ombudsman against Commission on Elections (Comelec) officials linked to the botched P690-million ballot secrecy folder (BSF) contract remains in effect.

This developed as the Court of Appeals (CA) refused to issue a temporary restraining order (TRO) against the Ombudsman and order placing the Comelec executives under preventive suspension for the alleged overpriced contract for folders that were supposed to be used in the May 10 automated elections.

In a resolution penned by Associate Justice Magdangal M. de Leon and concurred in by Associate Justices Mario V. Lopez and Manuel M. Barrios, the CA’s Special Fifteenth Division turned down the request for the issuance of TRO filed by Comelec Bids and Awards Committee (BAC) Chairman Maria Lea Alarkon and members Allen Francis Abaya, Maria Norina Casingal, Martin Niedo and Antonio Santella.

“In this case, there is no showing of a right claimed which necessitated their entitlement to an injunctive relief,” the CA said. “Moreover, it must be emphasized that an application for injunctive relief is construed strictly against the pleader.”

The appellate court nevertheless ordered the Ombudsman to submit its comment to the plea of the embattled poll officials to reverse the findings of the anti-graft body and rule that the latter committed grave abuse of discretion in placing them under preventive suspension.

Besides the five BAC members, the Ombudsman also suspended Comelec Executive Director Jose Tolentino over the BSF controversy.

Tolentino, however, did not join the BAC members in their petition challenging the suspension order.

Earlier, the Ombudsman recommended the filing of criminal charges against the Comelec officials. The charges include violation of the Code of Conduct and Ethical Standards for Public Officials, Dishonesty, Gross Neglect of Duty, Grave Misconduct and Conduct Prejudicial to the Best Interest of Public Service.

The six officials were also accused of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for allegedly giving unwarranted benefits to One Time Carbon (OTC) Paper Supply, the company that won the bidding for the folders.

It was recalled that Comelec Chairman Jose Melo admitted that the poll body en banc and the BAC committed a lapse in judgment when they awarded to OTC the contract to supply 1,815,000 pieces of 25-inch long BSF for P690 million.

The poll body canceled the contract after finding out that each folder would have cost P380. It also said the number of folders to be purchased exceeded what was actually needed in the elections.