Sunday, August 27, 2006
Palace junks appeal v. ouster of Baguio mayor
By Ernie N. Olson Jr.
THE Office of the President finally resolved the impasse on who should seat as mayor of Baguio City after it denied the motion for reconsideration filed by Mayor Braulio Yaranon "for lack of merit."
Executive Secretary Eduardo Ermita, in an Aug. 22, 2006 resolution, directed the Department of the Interior and Local Government (DILG) "to implement and execute" its decision dated June 26, 2006, which imposed a two successive six-month suspension on Yaranon.
Ermita said the mayor is to be suspended from holding office immediately "even pending appeal" pursuant to Section 68 of the 1991 Local Government Code.
"This resolves the motion filed by Yaranon seeking reconsideration of our decision dated June 26, suspending him from office for a total of one year (but not beyond June 30, 2007) after being found guilty of grave misconduct, abuse of authority and oppression," Ermita said.
The suspension resulted following Yaranon's insistence to stop the pay parking operations of Jadewell in the city.
He explained that, "as a rule, a move to reconsider a judgment that resolves issues on all fours must advance cogent and compelling justifications that would impel an office or tribunal to reverse and annul its own disposition."
In the case at hand, Ermita said the issues and arguments laid out by the suspended mayor in his motion for reconsideration "are virtually mere reiterations and rehash of the matters set forth by him" in his response and other pleadings, "which were already considered, squarely addressed and resolved" by the Office of the President.
"In all its essence, respondent's arguments add nothing to what he has already raised, and the same is but a shortened replica and paraphrased version of respondent's previous pleadings," he stressed.
"Even assuming, in arguenda, that respondent's motion deserves a second look, we observed that no new material issues were presented that would engender us to deviate from our ruling that, indeed, respondent committed the acts complained of. In sum, respondent failed to succinctly point out why a reconsideration is warranted," Ermita added.
A copy of Ermita's order was furnished the Office of the Deputy Executive Secretary for Legal Affairs that same morning.
Sun.Star tried to get Yaranon's comment on this latest development Saturday night but was informed he was out of his residence at the time and has not officially received any copy of this order yet.
However, former Councilor Lilia Yaranon acknowledged that since the motion of her husband was not reconsidered by the Office of the President, he still has the option of filing an appeal with the higher courts.
She did not mention if he would stick to his earlier promise of packing up his things and leaving Baguio if his suspension would finally be imposed by Malacañang.
In a separate interview, Jadewell general manager Norma Tan said "although this decision was delayed for a while, justice finally prevailed and we have been vindicated."
(August 27, 2006 issue)
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