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Thursday, September 21, 2006
Yee readies usurpation charge v. vice mayor
By Victor L. Camion
BACONG, Negros Oriental -- Mayor Rodolfo Yee is preparing to file charges against Vice Mayor Lenin Alviola for alleged usurpation of public function, said Provincial Legal Officer Erwin Vergara.
Yee regained his post a few days after his vice mayor assumed the mayorship in view of an Ombudsman ruling suspending Yee for six months for alleged oppression involving the dismissal of a municipal employee.
Vergara explained that the assumption of Vice Mayor Alviola as acting mayor of the municipality of Bacong was illegal, premature, and an usurpation of official function.
He said Yee was also filing a complaint against the town's first councilor Alberto Leong for alleged usurpation of official function when the latter took over as acting vice mayor.
Vergara said the action of the two men was done without legal basis.
The provincial legal officer said the director of the Ombudsman for the Visayas, Virginia Palanca-Santiago, reprimanded Alviola in a long distance call.
Vergara clarified that only the Department of Interior and Local Government or the governor can enforce the suspension order signed by Ombudsman Merceditas Gutierrez.
"It should be coming from a higher official not down below, not by Eve Morados writing a letter addressed to the vice mayor which is very self-serving because he will benefit," the capitol legal counsel said.
Vergara scored Judge Neceforo Ynot of the Municipal Circuit Trial Court of Bacong and Valencia for swearing in Alviola as acting mayor.
It made the situation worse, he said.
"Because of the municipal judge, who incidentally did not study the matter as it turned out to be a big mistake because the he swore somebody to an office which is not vacant," Vergara stressed.
Vergara, however, clarified that Yee and his camp have no plan to include the judge in the complaint after Ynot apologized to the mayor.
Yee peacefully re-assumed his office as mayor of Bacong after the Court of Appeals (CA) issued a temporary restraining order (TRO) to put on hold the Ombudsman's recommendation against him.
Armed with the TRO, Yee re-assumed his post Monday in the presence of lawyer Rene Burdeos, regional director of the Department of Interior and Local Government (DILG), together with Provincial DILG Officer Joefralito Lorico and Capitol officials led by Vergara.
Vergara said the TRO issued by CA Associate Justice Isaias Dicdican and concurred by Associate Justices Agustin Dizon and Pricilla Baltazar-Padilla was good for 60 days to allow the court enough time to act on the Ombudsman's decision.
In case the CA would re-affirm the Ombudsman's decision, Mayor Yee could still either file a petition for certiorari to the Supreme Court or step down from his office as mayor.
He also explained that for the administrative case, the mayor would appeal to the CA and for the criminal complaint, directly before the Supreme Court.
"The criminal case against Mayor Yee was dismissed," said Vergara.
Graft Investigator and Prosecution Officer II Samuel Malazarte, recommended Yee's suspension after the Ombudsman Visayas found him guilty of oppression for allegedly terminating illegally Eve Morados, a water meter reader of the Integrated Waterworks System of the Municipal Government.
"There was absolute lack of due process in the termination of herein complainant," Malazarte said in a decision dated February 27, 2006.
Malazarte's decision and recommendation was reviewed by Ombudsman Director Edgardo Canton.
Ombudsman Ma. Merciditas Gutierrez approved the decision on August 10, 2006 following the recommendation made by Deputy Ombudsman for the Visayas Virginia Palanca-Santiago.
Morados, a resident of Buntod, Bacong, accused Yee of abuse of authority, oppression, misconduct and violation of Section 5 (a) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officers and Employees.
The Ombudsman said under Presidential Decree 807 or the Civil Service Decree, "No officer or employee in the Civil Service shall be suspended or dismissed except as provided by law and after due process."
(September 21, 2006 issue)
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