Absurdity of suspending the dead

In a rather bizarre and unsettling move, the Office of the Ombudsman recently handed down a six-month suspension to a deceased town councilor from Porac, Pampanga. The suspension, part of a sweeping decision involving several local officials, was for “gross neglect of duty” in relation to the operations of a now-banned Philippine Offshore Gaming Operator (POGO) in the town.

The late Councilor Regin Clarete, who passed away in May 2023, was posthumously suspended alongside ten other officials, including re-electionist Mayor Jing Capil and Vice Mayor Francis Laurence Tamayo. The order, approved by Ombudsman Samuel Martires on October 7, 2024, stated that all involved were preventively suspended for six months pending the termination of the case. The other officials included councilors and an assistant in the Business Permit and Licensing Office.

Clarete passed away at the age of 35 due to a sudden cardiac arrest. He had served the people of Porac for over 13 years. From 2010 to 2013, he was the barangay chairman of Manuali and was recognized as one of the youngest barangay chairmen in Pampanga, assuming the role at just 22 years old. In 2013, he was elected as a town councilor, where he focused on education and youth development initiatives.

While these preventive suspensions may seem routine in the face of gross negligence allegations, the fact that one of the recipients has been dead for over a year throws a wrench into the entire process.

This isn’t just a matter of bureaucratic oversight; it highlights a fundamental issue in how we pursue accountability in public service. Public office, after all, is a public trust. Accountability and justice should remain paramount in the face of any wrongdoing by public officials. But there is a line between serving justice and absurdity, and this situation has clearly crossed it.

Clarete, who was replaced by his sister Myla in September 2023, can no longer defend himself. He can’t plead his case, admit guilt, or even express innocence. The entire notion of suspending a dead man raises profound questions about the logic—or lack thereof—behind such decisions.

Moreover, this suspension calls attention to deeper issues within the local government system in Porac. While there are legitimate cases against those still in office, the apparent lack of thorough investigation in Clarete’s case suggests procedural inefficiency. For a public office like the Ombudsman’s, which exists to ensure ethical governance, such oversights undermine the institution’s credibility. The suspension of a deceased official reflects poorly on the due diligence expected from such an important agency.

Public trust is hard to earn and easily lost. In cases like these, where careless administrative actions overshadow the pursuit of justice, it becomes clear that reforms are needed to ensure that investigations and penalties are not only fair but also grounded in common sense. Rather than creating absurd scenarios, the Ombudsman should focus on holding living officials accountable and restoring the public’s faith in their ability to uphold ethical governance.

This incident also underscores the need for our legal and administrative bodies to adapt to more efficient and logical procedures. In this day and age, with the availability of advanced technology and accessible data, it is unacceptable for government offices to make such glaring errors. The public expects more from agencies that are meant to safeguard the principles of fairness and justice. An institution like the Office of the Ombudsman should be a beacon of meticulousness, not a source of bureaucratic ridicule. When the system becomes a spectacle, it weakens the very trust it is designed to uphold.

Additionally, this case should serve as a wake-up call for the Department of the Interior and Local Government (DILG) and other oversight bodies. It’s a reminder that while accountability is important, it must be balanced with fairness, transparency, and basic decency. Pursuing charges against the living is a vital part of cleaning up government. But casting the same net over the deceased, without proper review, does more harm than good. It not only wastes government resources but also casts doubt on the legitimacy of the entire process. Public servants should be held to the highest standards, but this pursuit must be grounded in reality, not farce.

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