Monday, April 02, 2007 Nalzaro: Giving in to the suspension order By Bobby Nalzaro Saksi
IT IS expected that those who were placed under prevented suspension by the ombudsman in connection with the overpriced decorative lampposts would raise the issue before the Court of Appeals to defend their honor and dignity. It is their constitutional right. But I disagree with the statement of Mandaue City Mayor Teddy Ouano when he said that giving in to the suspension order will make him more guilty.
No, you are not yet guilty, mayor. I think Mayor Ouano knows that a preventive suspension is not yet a penalty. It is just an administrative measure imposed by the anti-graft office with the purpose of securing vital documents that may be used as evidence and to prevent the respondent public officials from using their power to influence and intimidate possible witnesses. The six-month suspension is the maximum period but it can be lifted anytime if it is no longer necessary.
Resistance by means of putting up barricades by loyal supporters around the City Hall or Capitol is the common strategy adopted by suspended officials. We witnessed this scenario, involving Iloilo Gov. Niel Tupas and Makati Mayor Jejomar Binay. In Iloilo, the takeover turned out to be violent after armed policemen forced their way in to the Capitol to physically remove Tupas. In Binay’s case, things ended peacefully when he was able to secure a temporary restraining order.
What happened in Iloilo was overkill. The people condemned it. We don’t want the same thing to happen here. That’s why I am appealing to the two honorable mayors to accede to the suspension order and let their respective vice mayors take control of their local government units, while waiting for the Court of Appeals decision to grant their petition for injunction.
I was in Dipolog, my hometown, for speaking engagements when I heard on the radio that loyal supporters of Mayor Ouano barricaded City Hall to prevent Department of Interior and Local Government personnel from serving the suspension. For me, it was wrong. He may or may have not been involved in organizing the barricade, but the mayor should have stopped his supporters from going through with it. By not doing anything, he appeared more guilty. Kapal muks. On the other hand, Radaza’s reaction was more admirable.
This is not to pre-empt the move of the Court of Appeals but I am sure that the appellate court will grant Ouano’s petition for a temporary restraining order and later on an injunction. This has been always the case. Tupas and Binay’s temporary removal stemmed also from anti-graft cases. But they were able to get restraining orders prohibiting the ombudsman from implementing their suspension orders.
Ouano will appear more professional if he gives in and accedes to the suspension order and lets the legal process takes its own course. The Mandauehanons will even sympathize with him and admire him if he steps down voluntarily and let Vice Mayor Ading Seno Jr. take over. Mandaue will be in good hands with Ading. Don’t be too hardheaded, mayor. Anyway, the suspension will only be short-lived. I am optimistic that you and your lawyers can get what you want. Ayaw lang god pagbinurukinto.
