2 mayors hinder town governance

CALBIGA, SAMAR—This town has two “mayors,” both claiming to have legal basis for their assumption to office.

Calbiga Vice Mayor Dave Bacsal took over as mayor on Oct. 14 after then sitting Mayor Nicasio Abaigar tendered his “irrevocable resignation for a very special treatment care” in his letter dated Oct. 11, 2013, addressed to Samar Gov. Sharee Ann Tan.

But on the same day, former Calbiga Mayor Melchor Nacario took his oath of office as Calbiga mayor in Manila. Nacario was proclaimed on Oct. 4 as the rightful mayor by a special board of canvassers constituted by the Commission on Elections (Comelec).

In an earlier decision, the Comelec removed Abaigar for allegedly giving a false entry on his certificate of candidacy (COC). The Comelec en banc ruling affirmed the Jan. 28, 2013, decision of the poll body’s first division that canceled Abaigar’s COC.

Abaigar, who garnered 5,804 votes, or a difference of 57 votes against Nacario, claimed to be a registered voter of Barangay (village) Canticum, born on Dec. 15, 1951, and a resident of the Philippines “since birth.”

But it was revealed the ousted mayor was not a registered voter of Canticum, was born on Dec. 14, 1950, and was an actual resident of Sacramento, California, in the United States.

On Oct. 15, Nacario issued an “omnibus memorandum” addressed to municipal workers and other officials of the town informing them that he had assumed the post.

Fliers were also distributed, both in English and in the local dialect, to the town’s 41 villages informing them of Nacario’s assumption.

On the other hand, Bacsal said his assumption into office was by virtue of Section 44 of the Local Government Code, stating the provision on succession.

“This is my legal basis. If there is a court order that I was not right, I will leave and return to my original position as vice mayor,” Bacsal said.

But Nacario dismissed this claim of his one-time political ally.

“How can he use the law on succession when there is nobody to succeed? He should be reminded that he ran for vice mayor and that the certificate of candidacy of his mayor (Abaigar) was cancelled by the Comelec, which means that he (Abaigar) was not a candidate right from the very beginning,” Nacario said.

Nacario said the act of Bacsal, his ally when the latter was still a town councilor, was tantamount to usurping an authority to which he was not legally entitled.

“I am mulling the filing of usurpation of authority against him. He is stubborn,” Nacario said.

Miguel Abaigar, the first-ranked town councilor, declined to assume the vice mayoral post “vacated” by Bacsal.

“Why would I assume as vice mayor? For one, I don’t recognize him (Bacsal) as the mayor, as I still consider him the vice mayor. He has no legal basis in assuming the post of mayor,” Miguel, a nephew of the ousted mayor, said in a separate interview.

Councilor Abaigar said he was recognizing Nacario as the mayor of their town by virtue of the Comelec ruling.

With the matter still unresolved, both have declined to sign documents pertaining to releases of municipal funds. This meant that over 100 municipal workers have yet to receive their salaries for the first half of the month, which was supposed to be released on Oct. 15.

The regional office of the Department of the Interior and Local Government (DILG) was still waiting for the issuance of the certificate of recognition in favor of Nacario from their central office, DILG-8 information officer Myles Colasito said.