By Czarina Nicole Ong-Ki

The preventive suspension of Public Attorney’s Office (PAO) Chief Persida Rueda-Acosta is being sought after a complaint was filed against her before the Office of the Ombudsman for graft, falsification, malversation, among other charges.

Aside from Acosta, the complainant Wilfredo Garrido Jr. also sought the preventive suspension of forensic pathologist Dr. Erwin Erfe.

“The instant cases involve dishonesty, oppression, and grave misconduct in the performance of duty,” the motion read. “Moreover, there is imminent danger that respondents can tamper with the evidence in this case.”

Particularly, Garrido Jr. is worried that the records of the PAO with regard to the creation of the PAO Forensic Laboratory would be tampered with. He is also concerned about documents pertaining to the reported research and examinations conducted by Erfe and his assistants.

Garrido Jr. cited Section 24 of R.A. 6770 (Ombudsman Act of 1989) which authorizes the Ombudsman to issue a preventive suspension order “if in his judgment the evidence of guilt is strong.”

The complaint alleged that Acosta violated Section 3(e)(i) and (j) of the Anti-Graft and Corrupt Practices Act, Article 171 of the Revised Penal Code (falsification of public documents), Article 217 of the RPC (malversation of public funds), and Article 220 of the RPC (illegal use of public funds or property) aside from grave misconduct, serious dishonesty, grave abuse of authority, and conduct prejudicial to the best interest of public service.

Acosta is being hit for the creation of the PAO Forensic Laboratory reportedly without authority from Congress. The complaint said Acosta did this solely to cater to Acosta’s whims and caprices.

The laboratory, manned primarily by Erfe, reportedly conjures evidence which the Philippine National Police (PNP) and National Bureau of Investigation (NBI) Crime Laboratories might refuse to produce.

Garrido Jr. is accusing Acosta of using the PAO Forensic Laboratory to “prove her case,” especially with regards to the highly controversial Dengvaxia case.

“She didn’t want to take the risk of being debunked and embarrassed by the PNP or NBI, so she had to create her own forensic laboratory under her own control and supervision. This smacks of moral depravity, conflict of interest, dishonesty, and malice,” the complaint read.

Garrido Jr. further added that Acosta “fanned the flames of public hysteria” and declared the parents of the dead Dengvaxia recepients as indigents, though there is no showing that they really are.

Further, the complaint accused Erfe for issuing a Forensic Examinations Report dated May 9, 2018 certifying the results of an autopsy conducted on Rei Jazztine Alimagno, who died on January 2018 of “Dengue shock syndrome” after receiving a “number of doses of Dengvaxia.”

However, Garrido Jr. said she was not actually administered the Dengvaxia vaccine. His finding is based on a certification issued on February 5, 2018 by Dr. Concepcion Garcia, City Health Office of Antipolo City.

“Apart from misusing public funds to create an office without authority, respondents’ propensity to manufacture evidence in an office under their direct control is indicative of bias, persecution, malice and downright dishonesty,” the complaint stated.