No work order vs mayor may fail

CABIAO, Nueva Ecija --The 90-day suspension ordered by the Sangguniang Panlalawigan of Nueva Ecija against the mayor of this town for labeling her councilors as “walang bayag” may not be implemented after all.

The Office of the President issued an order dated last April 27 directing the SP to explain why the grave misconduct proceeding should not be stopped for depriving Mayor Abundia Lumbang Garcia of her right to present her evidence and for making a shortcut in the procedure in approving its decision.

The order was issued after Garcia filed a petition for injunction before the Office of the President, seeking to stop what she labeled as a “moro-moro” proceeding meant to suspend her in office allegedly in furtherance of the political agenda of the Josons to get back the governorship from Gov. Aurelio Umali.

“The office of the highest official of the land saw merit in my arguments that the charge that I called my town’s councilors as ‘walang bayag’ has no merit to be considered as grave misconduct, which are acts done in relation to an official function of a public officer,” Garcia said.

The mayor’s legal counsel, Cirilo Sabarre Jr., said the order requiring the SP to comment means the Office of the President has assumed jurisdiction over the case such that the SP should defer first to the Office of the President by holding its proceedings in abeyance in the meantime.

“But the political majority of the SP of Nueva Ecija disrespected the Office of the President by proceeding with the case and coming up with a patently void decision,” Sabarre said.

He added that the order from the President’s office is now a big legal doubt against the decision that it cannot be implemented now as a ministerial duty.

Garcia said her lawyers attended the hearings although they questioned the proceedings through motions to dismiss that were junked upon arrival by the SP’s committee on rules and privileges.

But when it was Garcia’s turn to present her evidence, the committee, composed of board members allied with the Josons, denied outright her lawyer’s request to be allowed to present her evidence.

“Where can we see a case where an accused is not allowed to defend herself? They wanted to push their agenda using tyranny of their number,” Garcia said.

Under Section 65 of the Local Government Code of 1991, as reiterated by the Supreme Court in the Joson vs Torres case, any elected official being charged with misconduct has rights similar to an accused in a criminal case.

Among these rights is an opportunity for the elected official to present his or her own testimony and witnesses and to ask for production of evidence.

“Sadly, they pre-determined the decision that I would be guilty in this fabricated case,” Garcia said.