|
Saturday, December 13, 2003
Vice-gov insists on sitting as acting gov
By Lizanilla Amarga
DESPITE the preliminary injunction issued Wednesday by a local court in favor of Gov. Antonio Calingin, Vice Governor Miguel de Jesus announced Thursday that he will not step down as acting chief executive of Misamis Oriental.
This came about as Solicitor General Romeo Ramolete is set to file an administrative case against Judge Maximo Paderanga for issuing the injunction.
The injunction stops the 60-day preventive suspension issued by Malacaņang against Calingin until the resolution of the case.
Ramolete represents Malacanang's Executive Sec. Alfredo Romulo and Interior and Local Government (DILG) Sec. Joey Lina.
Meanwhile, de Jesus through his lawyer Alejandro Pallugna and political ally Provincial Board (PB) member Norris Babiera said the vice-governor will be holding on to his post.
"He will stay as acting governor," Babiera said Thursday.
He said they have their "doubts to the decision" because there was actually no hearing on the preliminary injunction.
Pallugna said Regional Trial Court (RTC) Branch 38 presiding judge Paderanga did not give them the opportunity to argue why the preliminary injunction should not be an issue.
"It is everybody's right to be heard in Court before any decision or order is issued... my client and the respondents were denied their Constitutional right to due process," the lawyer said over an interview with COC-TV Channel 39.
Complain
Because of this, Pallugna said he is advising his client to remain as acting governor of the province despite the preliminary injunction.
Calingin, for his part, kept his cool on this report saying this is a "natural reaction" from the vice-governor's camp.
"Moreklamo gyud kana sila kay pilde man (They will naturally complain as they lost)," he said.
The governor said it is fine with him should the vice-governor insist on "believing that he is acting governor of the province."
"Iya man usab kanang katungod (That is De Jesus's right)," he said.
Last November 11, the Office of the President issued a 60-day preventive suspension order against Calingin based on the administrative complaint filed by Vice Gov. Miguel De Jesus.
De Jesus' complaint stemmed from the alleged irregularities committed in the implementation of the P25 million Misamis Oriental Telephone Systems, Inc. (Misortel) Gingoog City telephone exchange expansion project.
Recon motion
But Calingin petitioned for an injunction "and/or annulment of suspension order with prayer for a TRO and/or preliminary injunction".
He was succesful in obtaining a 20-day TRO and then secured an injunction last Wednesday that would last until Paderanga resolved the issues of the case.
Meanwhile, Ramolete said Wednesday that he will file an administrative complaint against Paderanga for issuing the preliminary injunction.
He said it was illegal for the judge to issue a 20-day TRO against a Malacaņang order, much more a preliminary injunction that lasts until the resolution of the case.
"We will be filing an administrative complaint to the higher courts on this matter," he said in an ambush interview.
The paper failed to interview Paderanga for his side but last Wednesday, during the court hearing, the judge shrugged off the Solicitor General's move to raise the matter to higher court.
Pallugna filed for certiorari with prayer for a TRO to counter the TRO issued earlier by Judge Paderanga but this was denied by the Court of Appeals (CA) because of some technicalities.
They have recently filed a motion for reconsideration before the CA to accept their amended petition.
(December 12, 2003 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[ return
to top ]
[ home
]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
|
