Malacañang lifts Aklan mayor suspension
KALIBO, Aklan – Malacañang has lifted the suspension of Banga, Aklan mayor Antonio Maming, Sr. on the 90-day penalty slapped on him by the Aklan Sangguniang Panlalawigan (SP).
Executive Secretary Eduardo Ermita issued the stay order on December 17, 2009, pending the resolution of Maming’s appeal with the Office of the President.
Aklan SP meted a three-month suspension against Maming through Resolution No. 2009-255 for “abuse of authority, misconduct in office, and neglect of duty” for allowing the improvement of Banga Municipal Plaza without building permit.
The provincial board, as endorsed by the investigating committee, earlier wanted Maming suspended for six months, but, the Aklan SP members agreed to penalize the mayor for 90 days.
The suspension stemmed from the Administrative Case No. 09-01 on December 18, 2008 filed by Banga Sangguniang Bayan member Vicente Seraspi, Jr. against Maming over the alleged construction of multi-purpose building in the municipal plaza.
The suspension notice was served on October 12, 2009 to Maming at the Banga town hall, giving way to Banga vice mayor Melanio Rentillo to temporarily take over Maming’s functions.
The beleaguered mayor stood firm on his action and has appealed to the Office of the President to reverse the suspension order against him by the Aklan Sangguniang Panlalawigan.
After reviewing the case, Ermita said the plea of mayor Maming to stay execution of the suspension order had merits pursuant to Section 68 of Republic Act No. 7160 and the Administrative Order No. 18 dated February 12, 1987.
“In his appeal, mayor Maming cited Section 6 of Administrative Order No. 18, series of 1987 which allows the Office of the President to stay the execution of the decision upon such terms and conditions it may deemed just and reasonable,” Ermita stressed.
Section 68 of Republic Act No. 7160 or the Local Government Code of 1991 states that, “an appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event he wins such appeal. In the event the appeal results in exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.”
Ermita’s stay order also directs the Department of Interior and Local Government (DILG) to implement and execute the directive of Malacañang.
Meanwhile, Interior Undersecretary Austere Panadero issued a memorandum on December 23, 2009 to DILG regional director Evelyn Trompeta for the immediate implementation of Malacañang ‘stay order’.
“The execution and implementation of decision of Aklan Sangguniang Panlalawigan as embodied in Resolution No. 2009-255 dated October 8, 2009 suspending appellant mayor Maming for three months is hereby stayed and if now implemented by Aklan Governor Carlito Marquez, the same is lifted and set aside pending the resolution by this office of the instant appeal. Mayor Maming may now reassume his position as municipal mayor in the meantime,” Panadero stressed.
Acting mayor Rentillo is also directed to ‘cease and desist’ from performing the duties, functions and responsibilities of the municipal mayor and should relinquish the post to Maming, the memorandum stated.
Maming, for his part, claimed in a radio interview that he received the order from Malacañang last week and might be assuming office at the municipal hall on Monday.
