CEBU City Hall officials will ask the Court of Appeals (CA) to intervene and stop the impending implementation of a suspension order against them.
Vice Mayor Edgardo Labella said he will fly to Manila Monday, May 16, along with City Legal Office chief Atty. Jerone Castillo and City Hall lawyer Carl Sasuman. They will go to the CA and reiterate their petition asking the appeals court to review the case concerning the City Government’s release of P20,000 each to City Hall officials and employees as calamity assistance in 2013.
“The only reason why the CA did not act on our petition for certiorari yet is because there was no order yet to suspend us but now nga naa na (that one has been issued), we will follow it up,” the reelected vice mayor told Sun.Star Cebu on Sunday, May 15.
The Commission on Elections (Comelec) lifted last Thursday its order that deferred implementation of the suspension order, which is for six months.
The poll body already gave the DILG the go-signal to carry out the suspension of outgoing Mayor Michael Rama, Labella, and 12 councilors.
According to Labella, their petition questions the jurisdiction of the Department of Interior and Local Government (DILG) and the Office of the President over the case Atty. Reymelio Delute filed against them.
Labella argued that the DILG and Malacañang have no authority over the administrative case as it was a “collateral attack” on City Ordinances 2379 and 2380, the appropriation ordinances that authorized the calamity aid.
“It is only a court of law who can declare if an ordinance is valid or not,” said Labella, a lawyer and former director of the Office of the Ombudsman.
TRO sought
The vice mayor also said the petition asks the CA to issue a temporary restraining order against the suspension and to dismiss the case.
However, Labella said the respondents of the case have not received any copy of the formal order from the Office of the President, suspending them for grave abuse of authority.
That’s why they will also file a manifestation informing the appellate court today that the implementation of the suspension order would be premature.
Their petition for certiorari has yet to be acted upon, he pointed out.
Rama, in a separate interview Sunday, said he is no longer surprised by the development and begged off from commenting further on the matter as it is already being handled by Labella.
“What else is new? I am not in the mood now to think about the suspension. What I am focusing on is the result of the last elections,” he told Sun.Star Cebu.
Rama is planning to file an election protest against Mayor-elect Tomas Osmeña, who defeated him by 34,036 votes in last Monday’s polls. Labella, however, and 10 Team Rama candidates for councilor won, which means they will be the new council majority starting on July 1.
Ready
The mayor said he is not expecting that DILG will serve the suspension order anytime this week.
“But I have been ready before. I should also be ready now. Come what may,” Rama added. The mayor also served a 60-day preventive suspension last December and January, which arose from a separate case.
Councilor Noel Wenceslao, who is among those who might be suspended, is asking DILG to weigh things over.
He said that insisting on the suspension now would create a vacuum at City Hall.
He also said the City is still deliberating on the revised P9.8-billion annual budget and suspending almost all officials now would hamper the City’s operations and services.
Wenceslao said the council only has until June 30 to approve a new budget after the original P6.4-billion annual budget was declared inoperative by the Department of Budget and Management due to some deficiencies.
Councilor James Cuenco, although he was not included in the suspension order, said implementing it now would be “most cruel.”
Rubbing it in
“It is far worse than adding salt to a badly wounded soldier,” he said.
“If the suspension pushes through, I shall go on indefinite leave of absence without pay in solidarity with our group (Team Rama),” he added.
Councilor Alvin Dizon declined to give any comment on the issue. He’s among the Bando Osmeña candidates who failed to make it in last Monday’s elections.
Aside from Wenceslao and Dizon, the other councilors who have been ordered suspended are Dave Tumulak, Hanz Abella, Gerardo Carillo, Nestor Archival Sr., Mary Ann delos Santos, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Nida Cabrera and Eugenio Gabuya Jr.
Based on the April 7 order signed by Executive Secretary Pacquito Ochoa Jr., the suspension of the city officials will be for six months but should not exceed their unexpired term.
These officials only have seven weeks left until their term ends on June 30.