Between a suspension order obviously tainted with political color and an electoral mandate clearly given by the people, the scales of justice tilt in favor of the elected governor.
With the timing of the suspension order, the parties involved, and the apparent intent to put someone unelected to gain political advantage, it is hard to say that impartial justice has been observed.
The order was not issued by an independent tribunal like a judicial court. It was issued by the Office of the President upon the recommendation of the Department of Interior and Local Government (DILG) headed by Secretary Mar Roxas of the Liberal Party (LP).
The rush with which Hon. Agnes Magpale, who is allied with the LP, took over the position of the incumbent smelled of bad faith and oppressive conduct. With armed policemen barricading the Capitol, one of the first things she did was order the closure of Sugbo TV and Sugbo News.
Hon. Magpale and her cohorts cannot blame people if their actions reminded them of martial law. By closing Capitol media and using armed men in uniform, they produced a narrative that the takeover was a power grab.
In his column about the Cebu standoff, Fr. Joaquin G. Bernas, SJ, a constitutionalist, noted that "padlocking a television station and a newspaper publishing office is not an ordinary occurrence in a democracy. Such action takes place either during martial law or in the heat of political contest."
There is reason to say that the 6-month suspension order against Gov. Gwen Garcia, who is allied with the United Nationalist Alliance (UNA) of Vice President Jejomar Binay, is nothing but a political maneuver.
It is aimed at the May 2013 midterm elections and ultimately at the 2016 presidential elections when LP's Mar Roxas would clash it out against UNA's Jejomar Binay.
To say that politics is not involved or that the suspension order is based simply on the rule of law, who are we kidding?
The timing of the suspension order stinks of politics!
Undeniably, the President can suspend a local government official. However, the law on suspension of an elective public official "must be strictly construed and applied", and the authority in whom such power is vested "must exercise it with utmost good faith."
The right of the people to local autonomy and the sanctity of the ballot are far more important than the power of the President to suspend.
The issue on the legality of the suspension order is now pending before the Court of Appeals. Meanwhile, who between Hon. Magpale and elected Gov. Garcia should better serve the province of Cebu?
The stalwarts of the Liberal Party would not prefer the elected governor for their political interests. You and me may hate her for a variety of reasons. But all these do not matter.
The people have already spoken. Democracy demands that all must respect the voice of the majority who voted for the incumbent governor. It should not be forgotten that in the choice of leaders, the voice of the people is the supreme law.