Mayor files charges vs vice mayor
August 1, 2011
CITY OF SAN FERNANDO — Mexico Mayor Teddy Tumang filed usurpation of authority before the City Prosecutor’s Office on Friday.
In his complaint, Tumang said Manalastas on July 29 this year attempted to perform official functions last week as municipal mayor without prior authority from concerned government agencies.
n an exclusive interview with Tumang, he told Sun.Star Pampanga that Manalastas issued several memoranda to municipal department heads and the local government’s depository bank — Development Bank of the Philippines (DBP) – stating the latter will be signing as acting mayor.
Manalastas, Tumang said, seemed to have “picked up” from the un-served Ombudsman order on his 30-day suspension as penalty on an administrative case lodged against him in 2005.
The Department of the Interior and Local Government, however, despite an endorsement from Secretary Jesse Robredo, invoked the Aguinaldo Doctrine and condoned the sanction.
Tumang noted in his affidavit that: “Manalastas usurped authority of official functions defined under Article 177 of the Penal Code and that he is still the mayor as evidenced by certificates of canvass and proclamation, but that on July 27, the respondent falsely represented himself as acting mayor of Mexico.”
Documents obtained by Sun.Star Pampanga showed that Manalastas issued Memorandum Order No. 1, Series of 2011, where he claimed as acting mayor and ordered municipal department heads to obey and follow his directives regarding the operation of the offices.
The memorandum partly stated “he [Tumang] is hereby deemed and considered suspended from office, and consequently, prohibited from exercising the powers and duties vested upon the Mayor of Mexico, Pampanga, for a period of three months beginning July 19, 2011. With the suspension of Mayor Teddy Tumang… all department heads and employees are hereby enjoined to follow only the orders of the undersigned [Manalastas]… or administrative sanctions shall be imposed for insubordination.”
In another memorandum, Manalastas asked the DBP to disregard all checks issued by Tumang: “…so as to avoid legal complications, kindly disregard all checks issued by and/or withdrawals to be made by Mayor Teddy Tumang until such time his suspension has lapsed or ended.” The memo was dated July 27, 2011.
But Tumang said Manalastas clearly usurped his authority in issuing the memoranda since the DILG provincial office did not implement the suspension order recently released by the Ombudsman.
Tumang clarified that Manalastas could only assume the post as acting mayor if he was installed by the DILG through an official order after the mayor had been officially relieved of his official functions through expulsion or suspension.
He said that DILG legal officer Myron Cunanan and provincial director Angelina Blanco opined that the suspension order can no longer be served due to the Aguinaldo Doctrine, which prohibits the serving of suspensions against elected government officials over administrative cases filed during their previous terms of office.
The administrative case against Tumang was supposed to have been declared “moot and academic” twice over since the mayor had been reelected in 2007 and, again, in 2010.
Tumang said Manalastas seems to be raring to lay his hands on the mayoral position even long before the 2013 local elections where the latter is expected to run for the town’s top post.
“They seem to be in a hurry to assume the post and their pronouncements, like that of [Councilor] Rex Calma are way out of context. What more, they are confusing the people of Mexico with their media war strategy. Why don’t they just let the process of law take its course like I do? Can’t they understand the law and legalities?”
Under Article 177 of the Revised Penal Code, a person who violates the law against usurpation of authority is meted jail terms.
Tumang said he continues to perform his duties as municipal mayor as he lauded municipal department heads for refusing to be misled by misinformation.
“I am still the mayor and I will do my job as mandated by the constitution,” he said.
Source: http://www.sunstar.com.ph/pampanga/local-news/2011/07/31/mayor-files-charges-vs-vice-mayor-170110
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