ILIGAN CITY, Philippines—Confusion is gripping the city as jailed Mayor Celso Regencia, who has been accused of masterminding the 2014 ambush of Rep. Vicente Belmonte, continues to discharge the functions of the city’s chief executive.
Vice Mayor Ruderic Marzo, who is currently on official leave, said Supreme Court jurisprudence and latest rulings of the Office of the Ombudsman bar any local chief executive detained for a criminal offense from performing his official duties and functions.
“Iligan City continues to be run by a city mayor presently detained for a nonbailable offense at the Iligan City jail,” he said.
The Inquirer sought Regencia’s reaction but was not allowed to see the mayor in jail.
Marzo blamed the temporary restraining order (TRO) issued in December 2015 by Judge Arthur Abundiente, presiding judge of the Regional Trial Court of Iligan City and Lanao del Norte, in favor of Regencia.
He said the TRO, which later ripened into a writ of preliminary injunction, installed back Regencia until the end of his elected term in June 2016. Marzo, however, said this went against Supreme Court and Ombudsman jurisprudence.
He said in its August 2015 decision, the Ombudsman ruled that the detention of Matanao, Davao del Sur Mayor Vicente Fernandez created a temporary vacancy in the town’s government and that Fernandez was prohibited from performing the duties and functions of the Office of the Mayor.
Marzo said the Ombudsman cited Supreme Court’s decision in G.R. No. 89591-96 on the case of People vs. Maceda.
The writ is now being reviewed by the Court of Appeals in Cagayan de Oro City.
Marzo said Regencia continued to appoint officials, collect salary, withdraw intelligence and confidential funds, sign and authorize signing of payrolls and allow disbursement of funds.
Regencia is charged with masterminding the Dec. 11, 2014, ambush that Belmonte, a former ally, barely survived.
Belmonte was on his way home from the Laguindingan Airport in Misamis Oriental when his vehicle was fired at by several suspects.
Three of his security escorts were killed while Belmonte, along with three others, were injured.
Belmonte said he had requested the Supreme Court to transfer the venue of the case to Manila, citing continued security threats to him.
“I have gathered information from the military that the (other suspects who remain at large) are here and it’s easier for them to get me,” he said.
He said he also moved for Regencia’s transfer from the Iligan City jail to the Misamis Oriental provincial jail. TVJ