Determined not to give up City Hall to his political opponents, Trinidad said he has not received a copy of the order.
"This is clearly the handiwork of my political detractors because as early as the first months of last year, they were already crowing that I would be suspended," he said. "I know the people of Pasay are behind me, and as far as I am concerned, they are the ultimate judge as to what kind of public servant I am."
Trinidad maintained that there is nothing illegal when the city government allowed the payment of the garbage contract being questioned. He reiterated that it was the Commission on Audit which opined that based on the principle of "quantum merit," there was no legal obstacle to paying contractors for services rendered.
Ombudsman ordered a preventive suspension of six months against Trinidad, his Vice Mayor Antonino Calixto and 10 councilors, namely: Richard Advincula, Lexter Ibay, Dr. Jose Antonio Roxas, Ma. Antonia Cuneta, Noel Bayona, Arnel Regino Arceo, Edita Vergel de Dios, Marie Irish Pineda, Generoso Cuneta and Greg Paolo Alcera.
In a 12-page order, Gutierrez said the Pasay City Council approved several resolutions approving the garbage contracts without public bidding. "The required public bidding was effectively dispensed with, and which subsequently allowed respondent Trinidad to successfully enter into the several contracts for the city’s garbage collections and disposal," the Ombudsman’s ruling said.
The case stemmed from the approval of Resolution 1945 by the Sangguniang Panglungsod of Pasay on Feb. 6, 2004, "declaring as void the contracts for services, which were bidded out and awarded before the approval of the 2004 budget and in the absence of certification from the City Treasurer as to the availability of funds."
Trinidad said he is now consulting with his lawyers and that he would make his next move after receiving a copy of the order, which according to the Ombudsman, should be implemented by the secretary of the Department of the Interior and Local Government (DILG).
Effectively, without the DILG implementing the same, the order is just a piece of paper, he said
Meanwhile, a vigil was held by Trinidad’s supporters, composed of City Hall employees and Pasay residents, at the City Hall last Friday night.
Manny Aun, Pasay City Public Information Office chief, said the mayor’s supporters have been showing up City Hall. "We will stand by him. The mayor’s political rivals could be behind this."
As this dveloped, Trinidad was urged to accept the preventive suspension order issued by the Office of the Ombudsman and allow justice to take its due course.
Former barangay chairman Juanito Delmendo, who filed the complaint that resulted in the suspension, issued the challenge following the mayor’s defiance of the order handed down last Friday by the Ombudsman.
Claiming that the criminal and administrative charges lodged against him were politically motivated, Trinidad said he won’t budge because he was duly elected by the people.
Delmendo charged that Trinidad, Calixto and the 10 Sangguniang Panglungsod members violated pertinent provisions of the Graft and Corrupt Practices Act, and the Government Procurement Law.
The complainant asserted the garbage collection contract for 2004 and 2005 approved by the majority block in the Council were not only highly overpriced at over P464 million, but also did not undergo the required public bidding.
"I may not be a lawyer like our beloved mayor, but that’s not reason enough to prevent me from charging him and others involved in the anomaly," Delmendo said.
He pointed out that there are enough laws on public accountability and iniquities that any private individual can invoke in seeking redress of grievances against erring public servant.
Delmendo lamented that Trinidad resorted to blaming his political rivals for his legal woes "instead of facing the music."
Meanwhile, Malacañang is keeping its distance from the suspension of Trinidad, Calixto and 10 others for allegedly entering into anomalous garbage collection and disposal contracts in 2004 and 2005.
Presidential Chief of Staff Michael Defensor said the Palace could not possibly have a hand in the case since Trinidad had been neutral and non supportive of the administration’s programs, including Charter change.
Trinidad said the case against him and the other local officials was politically motivated.
"But we have nothing to do with that. We don’t even know anything about the case. Of course, they blame everything on Malacañang," Defensor said.
He said the administration could not have possibly helped pin down Trinidad because he was not part of the opposition , although not as supportive of the Arroyo government as other mayors.
The Palace has intervened in some cases involving local officials, but Defensor said they were really not aware of this one. – With Aurea Calica