Tupas clings to post; Armada insists he is the new governor WV governors back Tupas
Governor Niel Tupas Sr. insists that he is still the legitimate governor of the province stressing that the swearing in of Vice Governor Roberto Armada as governor and Board Member Emmanuel Gallar as vice governor last Monday was illegal.
"Their oathtaking was illegal because the dismissal order by the Ombudsman was not yet executory," said Tupas claiming that based on the latest Supreme Court ruling, decisions by the Ombudsman are not immediately executory and that respondents still have ten days to appeal.
As such Tupas yesterday issued Memorandum Order 006 to all department heads and chiefs of hospital yesterday declaring "...that I remain as the duly constituted Governor of Iloilo because the order of dismissal is not final and executory."
On the other hand, immediately after he took his oath Monday, Armada issued Executive Orders No1. for his assumption into office and No.2 for the specifics to be noted by various office chiefs. Armada also said that he will be informing the Office of the President, the DILG, the depositary banks of the province, and the mayors that he has assumed office as the new governor.
Armada said he is now the duly appointed governor of the province by virtue of the law on succession following the Ombudsman's order dismissing Tupas.
Gallar, being the newly appointed vice governor, for his part yesterday issued a Memorandum Order directing the removal from the rolls of the Sangguniang Panlalawigan the names of Board Members Domingo Oso, Jr. and Cecilia Capadosa by virtue of their dismissal by the Ombudsman.
Tension engulfed the Capitol yesterday following advance information that both Armada and Gallar would storm the seat of the provincial government. Armada to assume as governor and Gallar supposedly to preside the regular session of the Sangguniang Panlalawigan.
Reportedly, they backed off from their plan as advised by top police officials for security reasons.
The session, on the other hand, was canceled due to lack of quorum.
Tupas, his family, and a throng of their supporters continue to be encamped at the Capitol. Entrances have been barricaded. Dump trucks block the gates around the Capitol. The governor and his family spent his third night at the office.
Armada and Gallar were sworn in by Undersecretary Wencelito Andanar of the DILG last Monday.
In a December 4, 2005 decision, the Office of the Ombudsman ordered the dismissal and disqualification from public office of Tupas, board members Domingo Oso and Cecilia Capadosa after it found them guilty of grave misconduct.
The administrative case stemmed from a complaint by the PGII after Tupas extended a financial assistance to a conference by the Provincial Board Members' League of the Philippines-Western Visayas two years ago.
PGII alleged that Tupas extended financial assistance in the absence of an appropriation.
Meanwhile, the five governors of Western Visayas came out with a manifesto Tuesday afternoon condemning the Ombudsman's "midnight dismissal" of Tupas.
Antique Governor Sally Perez, one of the signatories in the manifesto, said that Tupas's dismissal was a very harsh judgment so he should be given due process.
"You can't just dismiss a governor, who was overwhelmingly voted by the people, like that," Perez said in a radio interview.
Perez added that among the things that they have considered in coming up with the decision to support Tupas is the fact that it could backlash on President Arroyo.
"We believe that the removal of Tupas is very unacceptable to the majority of the people," said Perez even as she clarified that they are not privy about the case he was involved in.
"We just want that he (Tupas) be given a fair trial," she added.
Meanwhile, a number of municipal mayors in the province of Iloilo have showed their support to Tupas by personally coming to the provincial capitol. Among them are: mayors Pedro Hautea of Barotac Nuevo, Rey Grabato of Mina, June Mondejar of New Lucena, Gerry Flores of Miag-ao, Rolly Distura of Dumangas, Romulo Cabana of Leon, and Neptali Salcedo of Sara.
Meanwhile, Interior Secretary Ronaldo Puno said Tuesday that he will wait for two days before ordering the dispersal of supporters of suspended and dismissed local officials blocking provincial capitols and municipal halls.
"In the next day or two, we are going to disperse those who are [gathered] at the provincial capitols because [the officials'] stay is illegal and they are no longer in position and therefore they have no authority to stay where they are," Puno told ABS-CBN News Channel.
Puno assured that he will postpone the dispersals if a "competent authority," whether from the court or higher authorities, issues restraining orders or injunctions against the Office of the Ombudsman's preventive suspension and dismissal orders.