DILG serves order vs Rama: ‘Suspension starts’

CEBU, Philippines - Officials from the Department of Interior and Local Government-7 yesterday served the 60-day preventive suspension order against Cebu City Mayor Michael Rama.

Simultaneously, they also served a Notice to Assume to Vice Mayor Edgardo Labella to act as the city mayor while Rama’s suspension is in effect.

Rama, who attended yesterday’s formal opening of Robinsons Galleria Cebu, declined to issue a statement to the media regarding the development.

He said he will hold a press conference today.

Both Rama and Labella were out of their offices when the order and the notice were served. Their staff also declined to receive the same.

“We were informed nga wala sila pero bisan wa sila, ang policy under the Rules of Court, which applies in suppletory capacity, allows nga kung wala personally, posting ang atong buhaton,” said DILG-7 Director Atty. Rene Burdeos.

Burdeos posted the suspension order on the door of Rama’s office at the City Hall, but lawyers from the City Legal Office reportedly took it down later for some reason.

Despite this, the order is still considered enforced, according to DILG lawyer Aiiza Fiel Nogra.

“The staff of the Office of the Mayor refused to receive it. By operation, we will just post it at (his) office, and it will be deemed served. Bisan wa si Mayor, considered served na kay Rule 13, Section 6 (of the Rules of Court) nag-provide nga this order may be served today (December 10) to the respondent, the council of the respondent, in his house or at his office. This is his office,” Nogra told reporters.

Nogra added that Labella has to take over as acting mayor and should take his oath before anybody authorized by law.

If Labella will not accept the order, it will be tantamount to dereliction of duty on his part, said Burdeos.

Burdeos, however, clarified that Rama is still the mayor, only that his duty temporarily ceases, pending the resolution of the case.

He also said Rama could exercise his right to pursue legal remedies before the Court of Appeals, but is suspended until he is able to secure a temporary restraining order or motion for reconsideration.

The DILG director also refused to comment on some claims that the suspension was politically motivated, only saying: “Ang among role is to perform, to serve the order. That is our ministerial duty.”

Order

The suspension order, dated December 2, was penned by Executive Secretary Paquito Ochoa Jr.

The suspension came as a result of the case filed last year by Labangon Barangay Captain Victor Buendia.

The village chief alleged that the mayor violated the Constitution and committed grave abuse of authority, grave misconduct, and oppression when he ordered a center island removed and street lighting project demolished in the barangay allegedly without due process.

The two projects were reportedly funded by the barangay.

In his order, Ochoa wrote that under Section 63 of the Local Government Code, the President has the authority to impose preventive suspension if respondent is an elective official of a highly urbanized city.

The order mentioned three requisites of the suspension: first, that there should be a joinder of issues (or that point in a lawsuit when the defendant has challenged or denied some or all of plaintiff’s allegations of facts, and/or when it is known which legal questions are in dispute); second, that there is strong evidence of guilt; and third, that there is great probability of influencing witnesses.

“There is a great probability, considering the gravity of the offense in question, that the Mayor’s continuance in office could influence the witnesses or pose a threat to the safety and integrity of the records,” the order read.

Support

Expecting the serving of the order, at least 20 barangay captains trooped to the City Hall yesterday to express their support to the beleaguered mayor.

Association of Barangay Councils President Phillip Zafra said their group “condemns” the suspension.

Zafra said over 60 barangay captains have vowed to support the mayor amid the order. Cebu City has 80 barangays.

“DPWH (Department of Public Works and Highways) itself has issued notice to Labangon Barangay Captain, ordering him to dismantle the median (center island) constructed. With that, wa mi kakita sa rason why i-preventively suspend ang mayor,” Zafra said.

For ABC vice president Joel Garganera, the order is “anti-Cebu.”

“It’s a pity. DPWH has been ordering the city to enforce the order to demolish the structure. Another national agency, so-called ministerial agency, being used for political harassment. Ang mga agencies gigamit lang sa gamhanan karon aron pagpiit sa elected officials nga di kaalyado. It’s a pity,” Garganera lamented.

Penalty

Meanwhile, several Labangon residents flocked to their barangay hall yesterday asking Rama to step down.

There, Buendia presented documents purportedly showing that the barangay has complied with all the permits required by the DPWH.

He said Rama just showed one document.

Lawyer Benjamin Militar, counsel of Buendia, said they will still push through with the resolution of the civil case before the Regional Trial Court.

Militar said they want Rama to reimburse them the P300,000 used in the construction of the demolished projects.

“The order of the Office of the President was already a decision. We will wait for the penalty to be imposed against the mayor,” Militar said.

Separately, Labella said he wrote a letter to DILG-7, seeking clarification on whether the order can be considered effective, considering that Rama is still on official leave. — /JMD (FREEMAN)