Malacaņang steps in on Guimaras row, gives due course to vice mayor's charges
Iloilo -- An order has now been issued by no less than the Office of the President for top officials of the Guimaras Provincial Board to present their counter-argument on Usurpation charges lodged by a town vice-mayor against them.
Docketed as O.P Case No. 06-A-015, Manuel Gaite, Malacaņang's Deputy Executive Secretary for Legal Affairs handed down the order to the respondent-provincial officials.
As such, due course was given to the complaint of Buenavista Vice Mayor Herald Gregg Gagatam even as a preventive suspension was pushed by same Guimaras executives.
Malacaņang's order carried a 15-day reply period with specific instructions that what is to submitted is verified answer and "not a Motion to Dismiss."
"Failure of the respondents to file their answer within the period above-stated shall be considered as waiver of their rights to present evidence in their behalf," Deputy Executive Secretary for Legal Affairs Gaite wrote.
Yet with the suspension order as approved by Guimaras Governor Rahman Nava also existing, Gagatam through counsel, lawyer Cornelio Panes immediately filed a Special Civil Action case for prohibition with prayer for 72-hour temporary restraining order and preliminary injunction.
Court intervention was sought to prohibit the Governor from taking action on the recommendation of the Provincial Board as contained in Resolution No. 17 calling for Gagatam's suspension.
"There being no plain, speedy and adequate remedy in the ordinary course of law, petitioner now comes before this Court by way of the instant petition for prohibition," excerpts of the Petition obtained by The News Today stated, "until issues pertaining to procedural and legal matters involving the said administrative complaint against petitioner are resolved by the Office of the President and the Ombudsman with finality."
The row between the vice mayor and the Provincial officials are further considered as political harassment with Gagatam not within the political party of the respondent Guimaras executives.
"With the Office of the President and the Ombudsman already giving due course to petitioner's complaint for usurpation of official function of the Sanggunian Bayan of Buenavista, the issue is thus raised whether or not the Sangguniang Panlalalawigan of Guimaras has jurisdiction over the complaint of Mayor Gumarin against petitioner for absenteeism. Thus, there is a need to prohibit respondent Governor from issuing the preventive suspension order against petitioner as recommended by the SP through Resolution No. 7 or already issued, to prohibit him from implementing it," the Petition went.
Prohibition was also similarly sought by Gagatam's ally in Buenavista Municipal Council, Councilor Jonayreh Gaitano citing the same arguments as raised by the vice mayor.