THE Department of Interior and Local Government (DILG) served yesterday the suspension order against Cebu City Mayor Michael Rama and 13 other officials over the release of the P20,000 calamity assistance in 2013.
It came four days after the Commission on Elections (Comelec) authorized the DILG to carry it out.
DILG 7 Director Rene Burdeos, DILG Cebu City Director Atty. Danilo Almendras and DILG 7 legal officer Aiiza Fiel Nogra arrived at City Hall around 10:30 a.m. and served the suspension order.
They went to the office of Rama first and proceeded to the office of Vice Mayor Edgardo Labella and the 12 councilors who were found by the Office of the President guilty for grave abuse of authority over the release of the calamity aid.
“In this regard, you are hereby directed to comply with this order of suspension by temporarily vacating your office, and consequently cease the performance of powers and functions appurtenant thereto, immediately upon receipt thereof,” states the memorandum of Burdeos to the officials.
The suspension order against Rama and Labella were just posted outside their offices since they were not at City Hall when it was served.
Those for the councilors were received by their executive assistants except for Councilor Sisinio Andales who personally received it.
Duration
The other councilors who were suspended include Dave Tumulak, Hanz Abella, Gerardo Carillo, Noel Wenceslao, Nestor Archival Sr., Mary Ann delos Santos, Alvin Arcilla, Roberto Cabarrubias, Nida Cabrera, Alvin Dizon and Eugenio Gabuya.
The official’s suspension is supposed to last for six months but it will be in effect until June 30 only, or one month and two weeks.
This, since the decision rendered by Executive Secretary Paquito Ochoa over the administrative case filed by Atty. Reymelio Delute states that it should not exceed the respondents’ unexpired term.
In a phone interview, Rama said he already expected the suspension order to be implemented.
“What else is new. They have consummated their plan to cut my neck. So they have accomplished their mission. Congratulations to them,” he said.
Rama, who is currently out of town, won’t be able to completely finish his second term as mayor because of this development.
“The positive thing is I can rest. The negative is they just want to finish me,” he added. Rama lost to Tomas Osmeña in the recently-concluded elections.
Another case
Once he returns to the city, Rama said he has yet to decide whether to go to his office at City Hall or not. He said it will depend on what his lawyers have so far accomplished in seeking legal remedies about the suspension.
Labella, in a separate interview yesterday, disclosed that they will be filing another case before the court over the issuance of a suspension order against them.
It will be in addition to the petition for review and dismissal of Delute’s case that they filed before the Court of Appeals.
Labella said the suspension order has “serious flaws.”
He pointed out that Ochoa directed DILG Secretary Mel Senen Sarmiento last April 6 to get an exemption from Comelec so the suspension order could be enforced then.
However, the decision to suspend them was signed by Ochoa only the next day, April 7.
“It is like putting the cart before the horse,” he said.
Aside from that, Labella said Atty. Isidro Barrios III, the DILG investigating officer who heard Delute’s case, exonerated all of them and dismissed it for lack of evidence.
Labella begged off from giving details on the new case that they will file.
He said, though, that they will abide with the suspension order.
He said he will return his City-issued vehicle and will no longer use his office at City Hall. For the meantime, Labella, who is a lawyer, said he will work at his law firm.
Oathtaking
Following the implementation of the suspension order, Nogra said Councilor Margarita Osmeña will serve as the acting mayor.
Upon learning of the matter, Osmeña took her oath as acting mayor before Assistant City Prosecutor Teresa Casiño before proceeding to her office at City Hall where she was welcomed by her husband Tomas and members of the Bando Osmeña Pundok Kauswagan.
In a news conference, Osmeña said she will continue the City’s delivery of basic services.
“I just want to assure everybody that the basic services are delivered or even better. I am very confident that we can do it...I will do my duty as it is given to me. I just have to work,” she said.
Osmeña also plans to meet with all department heads.
She intends to look at the City’s financial status and disclose its true and real state.
She said she will form a transition team to ensure the smooth turnover of administration to her husband by July 1.
On who will be the acting vice mayor, Nogra said that based on their initial review, it will be Councilor James Cuenco.
But Cuenco said he wouldn’t accept it.
“I am not inclined to accept that as I would find it absurd that I, being absent during the proceedings (for the release of the calamity aid), will now be the beneficiary of a temporary promotion. It’s a possible entry to Ripley’s Believe It or Not,” he said.
Acting VM
With that revelation, Burdeos said the acting vice mayor will be Councilor Lea Japson.
He said it is based on the number of votes she garnered during the 2013 elections over the total number of registered voters.
Japson is from the north district. Cuenco is from the south district.
Nogra said DILG’s formal notice to the acting mayor and acting vice mayor for their assumption of posts will be sent to them in the coming days.
At the City Council, those who will be left, aside from Cuenco and Japson, are Councilors Richard Osmeña and ex-officio member Councilor Philip Zafra.
Asked if they can still convene since there are only four of them, Nogra said they can.
She said the DILG already issued an opinion in 2012 on the same situation.
“It allows the remaining members to constitute a quorum. Those members who are remaining in the council will be the basis of the computation of the quorum,” she said.
But Nogra said they will forward the same opinion to DILG Manila for affirmation if the same can still be applied.
The council has scheduled a regular session today and it is yet to be determined if it will push through or not.
Nogra is asking all the city officials to give due respect to the suspension order.
“After all, it is a legal order to us and to them. We are also expecting, by operation of law, the officials that are supposed to succeed temporarily in light of this temporary vacancy that they would do their part and cooperate,” she added.