DILG: Suspension order vs Osmeña out this week

CEBU, Philippines — The Department of Interior and Local Government (DILG) is set to serve the remaining four months of xx suspension on Toledo City Mayor John Henry Osmeña probably this week.

The agency’s central office sent the order to the office of DILG-Cebu province for implementation, said Provincial Interior Director Jerome Gonzales.

But Osmeña said he will not step down.

“Magpabilin kong mayor ug dili ko monaog pagkamayor bahala na ila kong alsahon,” Osmeña said in a speech last week.

The Office of the Ombudsman suspended Osmeña for one year without pay for grave abuse of authority in August 2017.

DILG implemented the order in September 2017.

The case stemmed from Osmena’s “consistent and undue refusal” to release the quarterly real property tax (RPT) shares of Barangay Daanglungsod.

Records from the ombudsman showed the barangay was supposed to receive a total of P17.7 million as part of RPT from the third quarter of 2014.

But the anti-graft body’s decision was reversed by the CA.

In a decision dated May 10, 2018, the CA reversed the ombudsman’s decision, which earlier indicted him of six counts of violation of Section 3(e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act.

Osmeña then returned to office. He served eight of the 12-month suspension.

But Toledo Vice Mayor and then acting mayor Vice Mayor Antonio Yapha Jr. sought DILG’s legal opinion on Osmeña’s comeback.

DILG forwarded the concern to the anti-graft office, which filed a motion for reconsideration on the CA’s decision.

The DILG said the CA’s ruling is not yet final and executory.

The DILG said Osmeña’s suspension stays, while the CA has yet to resolve the ombudsman’s motion, adding that the appeals court did not issue an injunctive relief.

Osmeña's lawyer, Inocencio dela Cerna, earlier said he found DILG’s legal opinion as “irregular, inappropriate, and bordering on being illegal.”

"It is highly irregular for DILG to refer the query to the Office of the Ombudsman considering that it is a party to the case and furthermore lost its case. Any reply therefore is self-serving," he said.

He further urged DILG to "go slow" and be "neutral" with the matter due to judicial issues.

On the other hand, Osmeña accused Yapha of undermining his tenure by instigating DILG to render a legal opinion on CA’s ruling.

“Aniay gisulat gikan sa DILG ngadto sa bise mayor sa Toledo nga taga-Pinamungajan nga nag-ingon nga ibalik kuno sa DILG si Yapha pagka-mayor. Kadako intawong disgrasya ug kastigo sa lungsod,” Osmeña said.

Yapha, for his part, said he consulted with DILG so he may be guided on what actions to take when Osmeña’s lawyer showed up without any assumption order.

"Nangayo ra ko’g guidance para dili ko makasohan og dereliction of duty," he said.

Yapha voluntarily vacated the post when Osmeña returned to his office.

Yapha said he has no intentions of becoming a city mayor.

In fact, he said he had no political plans until Osmeña urged him to be his runningmate in previous local elections.

“Wa gyud koy ambisyon sa politika. Naa akong passion sa pagka-doctor. Siya’y (Osmeña) nihangyo,” he said. — KBQ (FREEMAN)