Calingin, however, said he would not vacate his position, adding that he will file today a case for contempt against Rodolfo Razul, Northern Mindanao director of the Department of the Interior and Local Government, for violating a writ of preliminary injunction which the court had issued.
Razul served the suspension order, signed by Executive Secretary Alberto Romulo, last Friday. Vice Gov. Joaquin Miguel de Jesus took his oath as acting governor that day.
In the Palace order, Romulo said there is "reasonable ground to believe" that Calingin is "responsible for the misconduct and his direct participation therein, renders him unworthy of trust and confidence demanded by his position."
Calingin said Regional Trial Court Judge Maximo Paderanga had ruled in his favor by issuing a writ of preliminary injunction last Dec. 11, restraining the DILG, Lina and De Jesus from acting on the Palace order.
"Razul knew from the DILG’s Region 10 counsel, lawyer Cancio Guibone Jr., that Paderanga has already issued an injunction enjoining them to desist from acting on the order," he said.
Last Nov. 11, Malacañang placed Calingin under administrative suspension so he could not unduly influence the investigation into the complaint which De Jesus had filed against him.
Calingin secured a temporary restraining order from Paderanga on Nov. 25. De Jesus appealed the TRO, but the Court of Appeals, on Dec. 3, dismissed it for being "insufficient in form and substance."
De Jesus accused Calingin of dishonesty and grave misconduct in implementing the expansion program of the provincial government-controlled Misamis Oriental Telephone System (Misortel) in Gingoog City.
De Jesus said the project cost only P25 million but disbursements for it amounted to P29.4 million.
Calingin denied the allegations, saying they were politically motivated because De Jesus earlier had announced his bid for the governorship.
Calingin belongs to the opposition party Laban ng Demokratikong Pilipino.
"This new suspension only shows President Arroyo’s vindictiveness," he said. "This is really politically motivated. Nothing else."