SC junks appeal of Guimaras execs, says Palace was right in lifting suspension of Buenavista vice mayor, councilor
Councilor Gaitano
Malacañang did no wrong in lifting the suspension of two town officials in Buenavista, Guimaras. As such, Vice Mayor Herald Gregg Gagatam and Councilor Jonayreh Gaitano may continue to hold office and perform official duties despite persisting moves for the duo's 'ouster.'
This, the Supreme Court (SC) now ruled in a decision that junked the appeal of top Guimaras officials opposing Malacañang's intervention in the longstanding "in-house” conflict in said town. Said SC ruling further upheld the administrative remedies sought by Vice Mayor Gagatam and Councilor Gaitano before the Office of the President in an issue that deepened the political squabble here.
Vice Mayor Gagatam
The suspension was wrong, Gagatam and Gaitano argued as they then pushed for Palace intervention. Docketed as O.P Case No. 06-A-015, usurpation charges were eventually filed before the Office of the President against Guimaras Govenor Rahman Nava and members of the Provincial Board over the suspension orders issued. The Palace thru Manuel Gaite, Malacañang's Deputy Executive Secretary for Legal Affairs gave credence to the charges as it ordered the governor and board member-respondents to answer the complainants' allegations.
The vice Mayor has been charged before the Guimaras SP for misconduct in office, gross negligence or dereliction of duty" courtesy of what his attackers said were his absences in the municipal council's regular sessions. Yet wrong venue to sue my client, noted Ilonggo lawyer Cornelio Panes asserted as he pointed out the provisions of Republic Act 760 which governs the acts of public and elected officials.
"Under the above-cited provision, it is clear that administrative complaints relative to absences without justifiable cause is within the EXCLUSIVE JURISDICTION of the Sanggunian of which respondent is a member. It is also that, if found guilty, only petitioner's fellows in the Sangguniang Bayan of which he is a member can censure, reprimand, exclude him from the session, suspend him for not more than sixty days or expel him as the case may be BUT NOT THE SANGGUNIANG PANLALAWIGAN," excerpts of the petition as then obtained by The News Today stated while adding, "Petitioner need not teach them where to go."
And the complaint was also politically motivated, Gagatam maintained, which was meant to harass and persecute him. This, the Petition further pointed out, was due to the fact that the Guimaras SP is practically a Liberal Party-Senator Franklin Drilon wing. Gagatam ran as independent candidate yet allied with Lakas Guimaras Congressman Edgar Espinosa.
"Herein petitioner who is to be prosecuted in the said administrative case is allied with Lakas and perceived by the Governor (Rahman Nava) and the Sanggunian Panlalawigan members as the strongest candidate to challenge the Nava political dynasty in the Provincial Capitol in the next elections," the Petition/Complaint added.
In seeking for the President's aid, the Vice Mayor prayed that an order be issued to dismiss the administrative case for lack of jurisdiction and those provincial officials who voted for it be held administratively and punished for usurping the powers of the Sanggunian Bayan.
Malacanang gave its nod, lifted the suspension that had the opposing provincial officials seek resolution up to the Supreme Court.