CEBU, Philippines — The municipality of Dumanjug, Cebu will have two sitting mayors come October 15.
While Mayor Rene Asentista had vacated the post when dismissed Mayor Efren Guntrano Gica reassumed his office, Vice Mayor Cesar Baricuatro has informed the Department of the Interior and Local Government that he will also assume as mayor on that date.
In a letter dated October 1, 2018 addressed to Department of the Interior and Local Government (DILG)-7 Director Leocadio Trovela, Baricuatro had sought the agency’s opinion on his decision.
“This lawless and anomalous situation cannot be allowed to go on,” said Baricuatro.
As number one councilor, Baricuatro assumed office on January 4, 2018 as vice mayor, pursuant to a memorandum from DILG in view of the decision of the Ombudsman dismissing Gica for serious dishonesty and grave misconduct.
Likewise, Asentista, as the vice mayor then, was also directed by DILG to assume office as mayor in view of the said Ombudsman decision.
Baricuatro said that on August 1, 2018, on account of the decision of the Court of Appeals (CA) reversing the decision of the Ombudsman, and without waiting for the finality of the CA decision, Gica “immediately and illegally” assumed and took over the position of mayor.
Asentista reportedly did not object but meekly abandoned and vacated his office as mayor.
Baricuatro pointed out that the act of Gica is a clear case of usurpation of official functions when the decision of CA is not immediately final and executory since the complainant of the case, former mayor Nelson Garcia, had filed a motion for reconsideration of the decision.
The Clerk of Court of the CA’s 18th Division had certified that there is no entry of judgment yet on the said decision.
“From the above narration of facts, it is clear that the position of mayor of the municipality of Dumanjug is vacant and the acts of dismissed–Mayor Gica are clearly and absolutely illegal, null and void,” Baricuatro said.
He added that in the interest of the people of Dumanjug and the rule of law, as the incumbent vice mayor of the municipality, and in accordance with the provisions of the Local Government Code, he has decided to assume the office of the mayor on October 15. — GAN (FREEMAN)