Wednesday, February 28, 2007 Dismissed Pasay VM seeks anew court's intervention
OUSTED Pasay City Vice Mayor Antonino Calixto will file a new petition before the Court of Appeals (CA) following the refusal of the Department of Interior and Local Government (DILG) to install him to his former post.
Calixto said he decided to file the petition upon the advice of his lawyer Roan Libarios and due to the continued refusal of the DILG to re-install him as vice mayor despite a 60-day temporary restraining order (TRO) issued by the appellate court against his dismissal.
The TRO enjoined the Office of the Ombudsman and the DILG from enforcing the dismissal of the official.
He said he would like the appellate court to compel the DILG to accompany and re-install him to his post since he already has a favorable ruling from the court.
But the interior department maintained that Calixto could not yet assume the mayoralty post as it filed on Monday a motion seeking clarification of the court's order, particularly the position in which the official should re-assume.
Calixto said with the restraining order, he can return to his post and at the same time assume as acting mayor under Section 46 of the Local Government Code of 1991 which provide rules on succession.
Pasay City Mayor Wenceslao Trinidad and several councilors had been dismissed from their post over an alleged anomalous garbage collection contract entered into by the mayor and city officials.
With the situation, Calixto said he should assume as acting mayor, a post now held by Alan Panaligan.
DILG Undersecretary Wencelito Andanar said the status quo prevailing prior to the issuance of the TRO shall remain. (AH/Sunnex)