Usurpation charges filed against Calixto

Pasay City Mayor Allan Panaligan has filed usurpation of authority charges against dismissed Vice Mayor Antonio Calixto before the City Prosecutor’s Office.

The complaint is Panaligan’s response to the alleged distribution of copies of a memorandum order last Friday by Calixto’s camp indicating that Calixto is already the acting mayor of the city.

Last Friday Calixto attempted to enter the city hall after he was able to secure a temporary restraining order (TRO) from the Court of Appeals (CA) on his suspension that was ordered by the Office of the Ombudsman last year. However, he was turned away by anti-riot policemen.

During the march, several people were caught distributing copies of a memorandum order, entitled "Resumption as Vice Mayor pursuant to Temporary Restraining Order issued by the Court of Appeals and assumption of functions and powers as Acting City Mayor." The memorandum was distributed to all department heads and likewise circulated around the city hall reportedly on Calixto’s orders.

In his three-page complaint before City Assistant City Prosecutor Napoleon Matienzo, Panaligan and co-petitioner Vice Mayor Arvin Tolentino accused Calixto of usurping authority.

Panaligan contended that "Calixto is expressly reassuming the powers and functions of vice mayor and acting mayor of the city, respectively, under false and fraudulent pretenses of official positions" through the memorandum.

"In issuing an order to the department heads without being lawfully entitled to do so, he (Calixto) is usurping the power, authority and official functions vested upon us as the lawfully constituted city mayor and vice mayor of Pasay," the complaint read.

Panaligan stressed that since he and Tolentino assumed the positions of mayor and vice mayor, respectively, on a permanent basis following their oath of office before officials of the Department of Interior and Local Government. Therefore, their respective positions were no longer vacant, he argued.

He explained that Calixto cannot assume the position as mayor since there is no order from the DILG and has not taken his oath before proper authorities.

Calixto had earlier asked the DILG for reinstatement, citing the CA restraining order as basis.

The DILG, however, maintained that Calixto could not assume the mayoralty post pending a response from the CA on the DILG’s request for clarification on the restraining order.

Interior Undersecretary Wencelito Andanar asked the CA to clarify some points, including the specific position which Calixto should be reinstated.

Calixto, together with former Mayor Wenceslao "Peewee" Trinidad and eight councilors were placed on a six-month preventive suspension starting Sept. 1 last year for allegedly approving a P464.6-million worth of illegal garbage collection and disposal contracts in 2004 to 2005.

The Ombudsman later ordered them dismissed. Then councilors Panaligan and Tolentino were designated by the DILG as mayor and vice mayor, respectively.