The Special Second Division of the Court of Appeals (CA) on Friday, in a ruling penned by Associate Justice Edgardo Sundiam and concurred into by Associate Justices Mario Guarina III and Danilo Pine, grew soft on Vicencio, affording him in the process a graceful exit and opportunity to save face following his conviction on charges of abuses of authority.
The decision drastically cut his one-year suspension by nine months, affirming the Presidential order on one count of abuse of authority punishable by only three months effective October 2003.
Associate Justices Andres Reyes Jr. and Vicente Veloso gave dissenting opinions.
Following this, Vicencio should have served his suspension only until end of January this year. Vice Mayor Mark Allan Jay Yambao took over his place in October in an acting capacity.
As it is, Vicencio will be reassuming his former post until his term expires on June 30, 15 days away, to give way to mayor-elect Canuto "Tito" Oreta.
While the court, in a 10-page decision, affirmed the first three-month suspension, it nevertheless reversed and set aside the President’s order to suspend Vicencio for another three months for making a down payment of P12.6 million without the approval of the city council and another six months for causing injury to the city government in violation of Section 388 of the Local Government Code.
Vicencio, who was also acquitted of corruption charges, appealed last year the 12-month suspension order slapped on him stemming from the alleged anomalous purchase of a 12.5 hectare property, actually an idle fishpond, in Tanza, Navotas.
The site was intended for displaced rail dwellers in Malabon affected by the railway modernization being undertaken by the government-owned North Luzon Railways Corp. after prospective recipients turned down an earlier offer by the city government for a relocation site in Calauan, Laguna.
The suspension order handed down last October 2003 was based on a recommendation of the Department of the Interior and Local Government (DILG). The waterbound relocation property owned by Mario Siochi representing Junjun Fishing Corp. Inc. was sold to the Malabon City government for some P90 million.