Calixto files petition to get job back

Dismissed Pasay City Vice Mayor Antonio Calixto has filed a petition before the Court of Appeals (CA) asking it to cite in contempt several officials for preventing him from reassuming office.

In a three-page motion, Calixto said Interior Undersecretary Wencelito Andanar, Pasay Mayor Allan Panaligan, Pasay police chief Senior Superintendent Marietto Valerio and city administrator Santiago Quial should be sanctioned for refusing to recognize the appellate court’s temporary restraining order on the suspension meted Calixto by the Office of the Ombudsman last year.

Calixto argues that he should get his job back because the restraining order effectively puts the suspension on hold.

Calixto, dismissed Pasay Mayor Wenceslao "Peewee" Trinidad and several councilors were suspended and then later dismissed by the Ombudsman for anomalies in awarding contracts to garbage disposal companies.

Last Monday, Calixto – armed with the CA’s restraining order – was turned away for the second time by riot policemen when he and his supporters marched to city hall in an attempt to reassume office.

He had earlier asked the Department of Interior and Local Government (DILG) for reinstatement, citing the restraining order.

He said Andanar and the other officials should be made to explain why they should not be cited in contempt of court for ignoring the court order.

"The power to punish for contempt is inherent in all courts and is essential to the preservation of order in judicial proceedings and to the enforcement of judgments, orders and mandates of the court, and consequently, to the due administration of justice. The reason for this is that respect to the courts guarantees the stability of their institution. Without such guaranty said institution would be resting on a very shaky foundation," Calixto’s petition stated.

"They should have observed the rule of succession which is provided for under Section 46 of the Local Government Code but they were ignoring it," Calixto stressed.

He argues that he should be made acting mayor because of Trinidad’s dismissal.

In his petition, Calixto also reiterated his appeal for a sheriff of the CA to escort him to the city hall.

Calixto, 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 Arvin Tolentino were installed as mayor and vice mayor, respectively.

Several weeks ago, Trinidad, Calixto and the dismissed councilors attempted to enter city hall, contending that they had served their suspensions.

The DILG has asked Calixto to refrain from trying to get his job back for the meantime until the CA clarifies its restraining order on Calixto’s suspension.

Andanar had earlier argued that the restraining order did not specifically state that Calixto should be reinstated.

Perjury raps

Meanwhile, Trinidad has filed perjury charges against two councilors who were reinstated after turning state witness on the graft case filed against him including his political allies.

In his complaint filed before the Pasay City Prosecutor’s Office, Trinidad alleged that Generoso Cuneta and his wife Ma. Antonia on Sept. 21, 2006, filed separate affidavits indicating that Generoso is receiving P130,000 monthly from him and former vice mayor Antonio Calixto as the councilor’s "share" in the garbage collection and disposal contracts.

Further, Generoso also reportedly said that Trinidad has been urging him to sign a resolution that would give the latter authority to extend the garbage collection and disposal contracts even without prior public bidding.

Trinidad also lamented that the Cunetas were claiming that "he, Calixto and the other councilors, continue to receive monthly share from garbage contractors."

"All these statements are blatant falsehoods or malicious alterations of the real truth. The affidavits were clearly executed for the purpose of maligning my name and perpetuating half-truths in order to discredit my public service record and credentials," Trinidad noted.

He denied the couple’s allegations adding that the affidavits consist of "fabricated lies and deliberate falsehoods.

Earlier, the couple said they turned against Trinidad and the others to tell the truth.

"We knew that there was an anomaly in the contracts entered into by the previous administration and we don’t want to just keep quiet and be indifferent," Ma. Antonia said.