Friday, October 20, 2006 Editorials: Administrative challenge
AN interesting “contest of wills” is happening in Makati City. It is a situation where a purely administrative issue is being viewed with politically colored eyes.
The order to preventively suspend Makati City Mayor Jejomar Binay and 17 members of the City Council followed an administrative complaint filed against them with the Department of Interior and Local Government (DILG).
But in a country like the Philippines, objects of suspension always claim that suspension orders are tainted with political motives.
Not about legality
Questions on the DILG move against Binay do not revolve on legality but on the motive of those behind it, considering that those ordered suspended belong to the ranks of the political opposition.
The problem is essentially an administrative one when viewed in the context of the relationship between an executive and his superior.
Binay, as an executive of a city, knows only too well what management decision means when rendered to resolve an administrative issue.
If the individual affected deems it unfair, he can contest it or petition the court if he likes, but in the meantime, he must respect the decision.
Binay’s initial reaction to the suspension order clearly indicated a mix-up of his role as a politician, and of his job as the chief executive of a city government.
The former imbues him with the power of political ideologue, while the latter clothes him with the role of citizen-servant who manages the administration of public services for the city.
Administrative tool
The complaint of corruption lodged by a citizen against Binay and the others should be looked into in order that the truth can be ferreted out.
The preventive suspension is purely an administrative tool so the probe will produce the unpolluted truth.
The issue of whether it is tainted with malice and politics is extraneous to it and should be for the courts to decide.
Recalcitrance
Indeed, if the court favors Binay’s moves, Malacañang will be busy staving off executive recalcitrance.
As the Ombudsman revealed the other day, many other city mayors are in similar situation as Binay.
If so, an “administrative” rebellion of sorts will explode in the country, and respect for the duly constituted authority will become inutile.
