Thursday, April 05, 2007 CA puts off ruling on mayors’ motions
MAYOR Thadeo Ouano began serving yesterday his preventive suspension, as the appeals court put off acting on his and Lapu-Lapu City Mayor Arturo Radaza’s bid to stay in office while being investigated.
Regional Director Rene Burdeos of the Department of Interior and Local Government (DILG) 7, assistant regional director Pedro Noval and legal officer Danilo Almendras arrived at the Mandaue City Hall past 10 a.m. and delivered Ouano’s six-month preventive suspension order.
City Attorney Erwin Rommel Heyrosa received it. Less than an hour later, Vice Mayor Amadeo Seno Jr. took oath as acting city mayor.
Meanwhile, the Court of Appeals (CA) withheld action on the motions for reconsideration that Mayors Ouano and Radaza filed.
The appellate court’s Special 18th and 19th divisions, in separate rulings yesterday morning, said they want all parties to wait until the main petition for certiorari and injunction is resolved.
In their petitions, the mayors questioned whether there was any need for their preventive suspension for six months, without pay.
‘Baseless’
They argued it was baseless for the anti-graft office to cite “strong evidence” of their guilt in the allegedly overpriced purchase of street lamps for last January’s international summits.
The purchase cost P365.8 million in taxpayers’ funds taken from motor vehicle registrations. These included decorative park lamps that, according to government contracts, cost P85,000 to P224,000 each and street lamps that cost over P300,000 each.
Instead of getting his suspension order himself, Mayor Ouano sent his aide Rey Martinez.
Martinez arrived at the DILG office at 10 a.m. and told officials there that Ouano wanted the suspension order served at his office in Mandaue City.
Five policemen from the Police Regional Office (PRO) 7 escorted Burdeos, Noval and Almendras to Mandaue City Hall. By 10:30 a.m., Vice Mayor Amadeo Seno Jr. was sworn into office by Burdeos at the session hall.
Although only in an acting capacity, Seno became the third member of his family to serve as mayor of Mandaue City.
In jest, the 54-year-old Seno said that just a few days into the campaign period, he already became mayor, the position he is running for in this year’s elections.
Action
Lawyer Stephen Ygnacio, CA assistant clerk of court, said the appellate court isn’t stonewalling on the mayors’ application for a restraining order.
He said it simply wants all issues discussed beforehand.
“The special divisions concerned have already ruled on the main petition. They have ordered the Office of the Ombudsman and the Department of Interior and Local Government (DILG) to submit their answer to the petition. The court just wants to treat that first,” Ygnacio explained.
He did not comment on Ouano and Radaza’s move to vacate their offices, adding that the appellate court has not taken judicial notice of the developments.
“Petitions and motions have been filed. The court has to act on them,” he said.
Radaza, through his lawyers, filed his motion for reconsideration early Tuesday afternoon. Ouano filed his hours later. It’s already his second.
Ouano argued that the anti-graft office has no jurisdiction over cases involving the disbursement of public funds, as such cases fall under the Commission on Audit’s “primary and exclusive” jurisdiction.
Radaza saw no reason for their suspension, since the anti-graft office already has the documentary evidence from Lapu-Lapu in its possession.
Both mayors have argued that it was the Department of Public Works and Highways that carried out the street lamps purchase, and that the only part their cities played was in signing the program of work and estimates. (AAG/KNR/AIV)
