Malabon mayor gets relief from court

A showdown at Malabon City Hall?

After being out of office for five days, Malabon City Mayor Amado Vicencio may be rejoicing as he prepares to get back his post at the city hall temporarily taken over by Vice Mayor Mark Allan Jay Yambao.

Vicencio was served a 60-day preventive suspension order approved by Malacañang last week.

At mid-afternoon yesterday, the Court of Appeals (CA) Special 9th Division temporarily chaired by Justice Mercedes Gozo-Dadole issued a temporary restraining order (TRO) in favor of Vicencio paving the way for his "triumphant" return to the city hall.

Yambao, who was sworn in as acting mayor last Thursday, told The STAR, there was no problem with the TRO, if indeed, there was one issued by the courts.

"We will abide by the law, if ever. That is supposed to be a legal order coming from the duly recognized authority," Yambao said adding that he is willing to step down in the face of this new development.

He, however, clarified that at press time, they have yet to receive a copy of the CA resolution. The CA order is good for 60 days, effective yesterday, within which a decision to resolve the case filed by opposition councilors for various administrative charges against Vicencio shall have been already reached.

In the two-page resolution signed by Associate Justice Hakim Abdulwahid, a copy of which was obtained by The STAR, the court enjoined Waldo Flores, senior deputy executive secretary, the Office of the President, the Department of the Interior and Local Government (DILG), Malabon City Councilor Edilberto Torres and three other opposition councilors from implementing the questioned order against Vicencio effective for 60 days, "pending determination of the propriety of granting the preliminary injunction."

Torres, meanwhile, was adamant and refused to recognize the TRO, saying it was null and void and without any legal effect.

"The TRO has been rendered moot and academic when the suspension order was served last Thursday. There is nothing to restrain," Torres said.

The resolution, concurred in by Associate Justices Gozo-Dadole and Jose Sabio, ruled that the TRO was being issued "so as not to render the petition moot and academic and to preserve the status quo."

The court also directed Flores and company to file their comment on Vicencio’s petition for certiorari and "to show cause why no writ of preliminary injunction should be issued in favor of Vicencio within a non-extendible period of 10 days from receipt of notice.

Vicencio is expected to answer within five days of receipt of the other party’s comment.

The mayor refused to answer The STAR when it tried to reach him for comment.