Quezon town mayor slams vice mayor’s takeover

Mayor Celso Olivier Dator is contesting the assumption of the town vice mayor as acting mayor, calling the takeover illegal pending his appeal before the Supreme Court over a suspension order issued by the Office of the Ombudsman.

Dator’s statement came after Manuel Gotis, Department of Interior and Local Government (DILG) Region 4A director, issued a memorandum dated April 2, 2018 addressed to Adolfo Tupas, first municipal councilor, to assume the position as vicemayor with Vice Mayor Armando Abutal assuming the position of mayor.

On April 13, Municipal DILG Officer Sonia Matanguihan reportedly swore Abutal into office after posting the suspension order and allegedly taking it down after five minutes.

Dator said a DILG opinion cited Section 5, Rule 13 of the Revised Rules of Court, which clearly states that the “service of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or by mail.”

He informed DILG Officer-in-Charge Eduardo Año about his pending petition before Supreme Court “for review on certiorari under Rule 45 with application for prohibitory injunction with very urgent motion for issuance of Temporary Restraining Order or Status Quo Ante Order.”

Dator was meted a six-month suspension as penalty for simple misconduct filed against him before the Office of the Ombudsman for Luzon by former Lucban Mayor Moises Villaseñor over the hiring of his sister, Lyncelle Dator-Macandile, as the municipal administrator.

He is also questioning the six months’ suspension order by the Ombudsman, citing alleged irregularities including a recommendation by Ombudsman Conchita CarpioMorales for only one-month suspension.

Dator said he would obey the order provided rules of procedures are followed by implementors.

He is still performing his tasks as town mayor, saying he has not been served the suspension order.