MANILA, Philippines—Malacañang has informed the Ombudsman that it will not implement the anti-graft prosecutor’s order to suspend Social Security System president Romulo Neri over his alleged involvement in the scuttled $329-million NBN-ZTE deal pending Neri’s appeal for reconsideration.

Asked if Malacañang’s refusal to comply with the Ombudsman’s directive was not in violation of the government’s own rules, Assistant Ombudsman Jose de Jesus said Wednesday it was not for the agency to insist on it.

The Ombudsman directed the Office of the President to charge Neri, former economic planning secretary, with graft and suspend him for six months. “It is their responsibility now (to implement it).” said De Jesus.

Guilty of misconduct

He said Executive Secretary Eduardo Ermita had written the Office of the Ombudsman a letter saying he would hold in abeyance Neri’s suspension “because of the filing by Neri of a motion for reconsideration.”

The Ombudsman had found Neri guilty of misconduct for not categorically refusing a bribe offer of former elections chair Benjamin Abalos Sr. and for “constantly conferring” with Abalos in golf games and lunches on the National Broadband Network (NBN) deal with China’s ZTE Corp.

In the case of many local officials, the implementation of the Ombudsman’s suspension order is usually not affected by the filing of an appeal.

Neri, in his motion for reconsideration, said the Ombudsman’s ruling was a “sick joke,” adding there was no evidence he referred the deal to Abalos.

Following Malacañang, De Jesus said “The panel will simply consider the motion for reconsideration (of Neri) and will not implement (the suspension order) in the meantime.”

In an earlier interview, De Jesus said that if the implementing agency fails to implement the Ombudsman’s suspension order, the officials of the agency will have to face disciplinary action.

Only delaying

In an interview with the Inquirer, De Jesus reiterated that Ermita had said the Office of the President was only “delaying” the implementation of the order pending the resolution of Neri’s appeal.

The NBN-ZTE contract was suspended by the President last year after a Senate inquiry heard complaints that bribes and kickbacks accompanied the multimillion dollar deal. Jose de Venecia III, a losing bidder in the deal, alleged the bribe trail could go as high as the President and her husband, who played golf with ZTE officials during one state visit to China.

A consultant of Neri, Rodolfo “Jun” Lozada, told the Senate that his former boss assigned him to talk to Abalos, then chair of the Commission of Elections, in order to “moderate their greed.”