Rama yields post but vows to fight suspension in CA
CEBU City Mayor Michael Rama during a visit to cemeteries during the All Saints’ Day in the city. LITO TECSON/CEBU DAILY NEWS
CEBU CITY—Mayor Michael Rama stepped down on Friday but vowed to fight his two-month suspension.
Rama turned over the mayoral seat to Vice Mayor Edgardo Labella in compliance with Malacañang’s order.
His lawyers, led by son Mikel, filed a petition for certiorari at the Court of Appeals (CA) to question the suspension.
Mikel said his father is on official leave starting Dec. 11 and has not officially received the order.
Instead of filing for a motion for reconsideration at the Office of the President, the mayor went to the CA to ask for a temporary restraining order and a writ of preliminary injunction to stop the Department of the Interior and Local Government from implementing the suspension order issued by the Office of the President.
The petition was immediately raffled off electronically to the appellate court’s 19th division composed of Associate Justices Edgardo delos Santos, Edward Contreras and Geraldine Macaraig.
The Office of the President, in an order dated Dec. 2, ordered the preventive suspension of Rama for 60 days pending investigation of an administrative complaint filed by Labangon barangay captain Victor Buendia over the demolition of a center island in the village on March 25, 2014.
In the petition, Rama’s lawyers said Malacañang committed “grave abuse of discretion” in issuing the suspension order.
They said records would show that there was no “substantial, credible and convincing evidence” to support the administrative charges filed against Rama.
They said Buendia failed to present enough evidence to prove the culpability of the mayor and that there was even no allegation or proof of graft and corruption on the part of Rama.
Rama’s lawyers also said the mayor ordered the demolition of the center island upon the directive of the Department of Public Works and Highways (DPWH).
In a letter dated March 7, 2014, DPWH directed Buendia to immediately remove the center island because it posed danger to motorists and was a clear violation of the policies stipulated in the Philippine Highway Act.
“What kind of government are we then when one agency (DPWH) directs the performance of an act while another agency (Office of the President) penalizes the performance of that very same act? This travesty shall not be allowed,” said Rama’s lawyers in their petition.
They said residents of Cebu City should be afforded the right to be governed by someone who was elected by majority of voters.
“To subject herein petitioner (Rama) to baseless harassment suits would be to deprive the people of Cebu City the right to be governed by individuals they elected into public office,” said Rama’s lawyers.
