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Thursday, April 22, 2004
Guv suspended even if reelected: DILG
By Lizanilla J. Amarga
CAGAYAN DE ORO -- Even if Gov. Antonio Calingin got re-elected in the coming May 10 elections, he still will be serving the remaining days of his 90-day suspension order, the regional interior and local government office said.
Sammy Mercado, Department of Interior and Local Government (DILG) 10 assistant legal counsel said Calingin's case is "criminal in nature" and the suspension is carried on despite his being reelected.
"Also, the suspension order of the Sandiganbayan is pendente lite not suspension as penalty...it is just like a preventive suspension order where the official is suspended only for the duration to make sure that he or she is not in the position to influence witnesses or tamper with documents," he said.
Sandiganbayan's order was served Monday at the residence of Calingin in Barangay Nazareth this city.
Jose Pallugna, legal counsel of acting governor Miguel de Jesus and former Provincial Board member Cromwell Generalao, who filed the complaint against Calingin, shared Mercado's opinion.
Generalao quoted the rules of the Sandiganbayan, saying their suspension pendente lite orders for criminal cases does not expire once an official is reelected.
But Calingin's lawyer Frederico Gapuz said there would be "one hell of a court war" should his client win the May elections but be disbarred from sitting down as governor starting July 1.
Gapuz said they would take this matter to the proper courts.
He said the issue of Calingin winning the elections but be barred from office would be elevated even to the Supreme Court level.
Calingin and Gapuz expressed strong convictions that the 90-day suspension pendente lite order is nothing but a political harassment initiated by President Arroyo and her minions.
They pointed out that Calingin is an "executive committee member of the Koalisyon ng Nagkakaisang Pilipino (KNP) and is the one heading the campaign for Pres. Arroyo's strongest contender Fernando Poe, Jr. in Region 10."
It is only here in Misamis Oriental that Arroyo is reportedly suffering the lowest popularity rate. For Gapuz, this is a "demolition job" against Calingin and his group.
"This as the opponents know that they can never win against Calingin and his slate," he said.
But Generalao said Calingin is just trying to divert the issue and chalk this up as "political harassment."
"This reasoning of merely political harassment is the reasoning used by corrupt officials who are trying to get away from answering the real issues of the controversy," he said.
"Calingin is accused of technical malversation and that should be the issue he should answer...he cannot just tell the court to drop the case just because he believes he is politically harassed," he added.
(April 22, 2004 issue)
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