Comelec to review Palace suspension of Cebu execs

Malacañang yesterday confirmed the suspension of Cebu City Mayor Michael Rama and other city officials.

The suspension order, however, cannot be implemented due to the lack of exemption from the Commission on Elections (Comelec), Presidential Communications Operations Office Secretary Herminio Coloma Jr. said.

The Comelec meanwhile has yet to decide whether to allow the suspension order against Cebu City officials, Chairman Andres Bautista said yesterday.

Citing several “concerns” over the upcoming May 9 elections, Bautista said the Comelec

will still have to decide on the case in full session.

He said the order cannot be implemented yet since it will go through the process.

“It depends on the case since we are too busy at the moment,” Bautista said.

“We will see if there is a need for a public hearing and call on the parties or we will see the merits and determine whether or not it is proper,” he added.

Once Comelec receives the copy of the order, Bautista said “we will have to study it.”

The Office of the President ordered the suspension of Rama and other Cebu local officials for grave abuse of authority over the controversial release of the P20,000 calamity aid to all city hall employees in 2013.

The Office of the President transmitted the suspension order to the Department of the Interior and Local Government (DILG) for enforcement.

Interior Secretary Mel Senen Sarmiento, however, said they are still awaiting guidance from the Comelec “on the implementation of the order as it is covered by election rules.”

Executive Secretary Paquito Ochoa Jr. ordered the DILG to secure an exemption from the Comelec before the suspension order could be served through a memorandum to Sarmiento on April 6.

The Omnibus Election Code prohibits the implementation of suspension orders within the election period, unless given due exemption by the Comelec.

“Considering that the implementation of an order of suspension against elective local officials during the election period may constitute an election offense, the DILG is hereby directed to strictly comply with Section 261 (x) Article XXII of Batas Pambansa Blg. 881 (Omnibus Election Code of the Philippines),” the memorandum read.

Bautista said the poll body did not tackle the issue during full session yesterday.

He stressed, however, that any application for exemption to implement suspension order would have to be brought before his office for approval.

Comelec spokesman James Jimenez, on the other hand, said no exemption was needed if suspension was due to graft and corruption.

“These are the things that you have to consider whenever you evaluate a potential suspension. At this point, I don’t have enough details (on the) Cebu case,” he added.

The order stated the respondent city officials demonstrated abuse of authority, which is a ground for disciplinary action under the Local Government Code and may be penalized with suspension from office.

The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six months for every administrative offense.

Aside from Rama, the Office of the President ordered the suspension of Vice Mayor Edgardo Labella and the 12 city councilors – Nestor Archival Sr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya Jr. and Noel Eleuterio Wenceslao.

Rama just served a 60-day suspension over the demolition of a median structure in Barangay Labangon and complained he was not afforded due process because the order came out in the media before it was served to him and the other officials.

By authority of President Aquino, Ochoa signed the suspension order on April 7 based on the administrative case filed by Reymelio Delute against Rama and the city officials.

The DILG investigated the case and transmitted the records to the Office of the President on Feb. 29.

“Perusal of the allegations in the complaint reveals that the instant case is not a collateral attack on the subject ordinances. Rather, as correctly pointed out by the DILG, the complaint focuses on respondents’ culpability for their alleged indiscriminate release of calamity assistance to unqualified employees and officials of the Cebu City government,” the order read.

Rama told a news conference that he would defy the order of suspension. He said he is questioning the validity of the suspension order against him and other officials.

Labella said if the suspension order would be implemented, only five councilors would be left to run the city government of Cebu.

Labella questioned the validity of the April 7 suspension order since the memorandum of Ochoa was issued last April 6.

Labella said it was highly irregular that the suspension would be issued first before the April 6 memorandum to the DILG.

The opposition United Nationalist Alliance (UNA) criticized Malacañang over its decision to suspend the Cebu City local officials.

UNA spokesman Mon Ilagan said the second suspension on Rama, an ally of Vice President Jejomar Binay, is illegal and dubbed it as an attempt to take control of city hall.

“What Malacañang and the Liberal Party are doing against Mayor Rama and the entire city council of Cebu City is patently illegal, excessive, vicious and relentless,” Ilagan said.

“The administration seems to have an unusually high interest in Mayor Rama that they need to suspend him twice over, and this time for giving P20,000 calamity assistance for employees of city hall,” he added.

Ilagan stressed suspension of elective local officials is prohibited during the campaign period from Jan. 10 to June 8. –