Mayor jailed for media slay refuses to recognize DILG power
DIGOS CITY, Philippines—A mayor currently in detention for the murder of a journalist here refused to recognize a Department of the Interior and Local Government (DILG) order removing him from office, insisting that he continues to be the mayor of his town despite being one of two main accused in the murder and his detention in connection with the case.
In a letter, Mayor Vicente Fernandez of Matanao, Davao del Sur province, said he was defying the DILG order installing Vice Mayor Elmer Javelona as acting mayor following Fernandez’s detention for the murder of journalist Nestor Bedolido.
“Nothing except an order of a competent court or a department order directly from the office of the DILG secretary can stop me from doing and discharging my function as the duly elected municipal mayor. Not an opinion,” Fernandez said in his letter addressed to Javelona.
A copy of the letter was obtained by the Inquirer.
Javelona was installed as acting mayor by the provincial office of the DILG two weeks ago in an order that declared Fernandez no longer capable of discharging his duties as mayor.
Fernandez’s arrest was ordered on Oct. 20 by Executive Judge Carmelita Davin, who also ordered the arrest of Fernandez’s coaccused in the Bedolido murder case—former Davao del Sur Gov. Douglas Cagas and henchmen, Bado Sanchez and Ali Ordaneza.
Wilhelm Suyko, officer in charge of the DILG in Southern Mindanao, said in a letter to DILG provincial Director Abeto Bernasor on Dec. 3 that the detention of Fernandez brought about a temporary vacancy in the mayoral post of Matanao.
“We already explained to Mayor Fernandez that the grounds that give rise to the temporary vacancy of the office of the mayor are not restricted to leave of absence, suspension from office and travel abroad,” Suyko said in the letter.
“The phrase ‘such as, but not limited to’ in Section 46 (a) of the code implies similar other cases such as detention of a local chief executive,” Suyko said.
Suyko said that as long as Fernandez was detained, Javelona should function as mayor.
But Fernandez said Javelona should file a petition in court to insist on performing the duties of a mayor.
Fernandez said he was holding office in his detention cell in the Matanao police station. Javelona discharges the mayor’s functions from the town hall. Eldie Aguirre, Inquirer Mindanao
