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Monday, August 21, 2006
Interior exec faces suit over delay of mayor's suspension
By Ernie N. Olson Jr.
A PAY parking firm lawyer said Sunday they consider taking legal actions against Interior Undersecretary Wencelito Andanar for issuing memorandum to Regional Director Everdina Echalar-Doctor of the Department of the Interior and Local Government (DILG) that put off the suspension imposed by the Office of the President against Mayor Braulio Yaranon, unless he withdraws it.
Marcial Balgos, one of the lawyers for Jadewell Parking Systems Corporation, said orders, whether final or interlocutory, have no juridical existence until and unless it is set down in writing, signed and promulgated.
Balgos said they wrote Andanar last July 31, asking the DILG official to answer their query as regards violation of Section 5(a) of Republic Act (RA) 6713 he committed when he ordered the postponement of Yaranon's suspension.
He told Andanar that since the DILG official "presumably" issued his July 26 memorandum to Doctor "on the basis of verbal instructions" to him, it is quite evident that he acted on instructions which are void because, in a case of the Office of the Court Administrator versus Floro, it was held that orders, whether final or interlocutory, have no juridical existence until and unless it is set down in writing, signed and promulgated.
"In light of the foregoing, unless your memorandum is withdrawn within five days from receipt hereof, we shall feel free to act as may be allowed in the premise to protect the interests and enforce the rights of our client - Jadewell," Balgos said.
Copies of the letter were furnished the Office of the President and the Office of the Ombudsman.
(August 21, 2006 issue)
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