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Palace okays mayor's suspension
EXECUTIVE Secretary Eduardo Ermita finally signed the suspension of Mayor Braulio Yaranon for one year without pay as per the recommendation of the interior department.
Ermita tasked Vice Mayor Reinaldo Bautista Jr. to "act as mayor of Baguio and exercise all the duties, functions and responsibilities while (Yaranon) is serving his suspension." He said that the two six-month suspensions of Yaranon will be served successively "but not beyond June 30, 2007."
The suspension order was signed exactly six years after Jadewell Parking Systems Corporation, which filed the administrative case against Yaranon, entered into a memorandum of agreement (MOA) with the City Government pursuant to Ordinance 003-2000 or the Pay Parking Ordinance on June 26, 2000.
The charges filed by Jadewell against Yaranon were for his alleged culpable violation of the Constitution and dishonesty, oppression, misconduct in office and abuse of authority in relation to the mayor's issuance of several executive orders that allegedly were in violation of existing laws and of the complainant's vested rights under a valid MOA.
"It has also been the observation of this office, through its investigating authority, that the demeanor and coetaneous actions manifested by (Yaranon) during the formal investigation of this case have convinced this office that he is not deserving of our compassion to say the least. On the contrary, we are parenthetically alarmed by respondent's clear resolve to disregard basic law and procedure, and his consortium with advanced knowledge of the same, for purposes of presenting a justified action. It needs pointing out that Yaranon is not the ordinary local chief executive that we know as he is a lawyer and a former law professor and judge of the trial courts. Consequently, any attempt by him to resort to cleverness and mockery of fundamental legal precepts in an attempt to obtain exoneration is patently impermissible," Ermita explained.
"There is no iota of doubt that respondent is administratively guilty for the two causes of action instituted against him by complainant Jadewell. For one, this office finds him liable for grave misconduct when he issued EO 001-04, instigating or directing public motorists to disobey Ordinance 003-2000, in a complete turnaround of his mandated and sworn duty to implement all ordinances," he added.
"Secondly, Yaranon is found equally liable for oppressive acts and abuse of authority in relation to his issuance of another executive order on July 8, 2004, enjoining the director of the Baguio City Police Office to stop and prevent further actions of Jadewell in pursuing its pay parking business in that city despite violating certain basic contractual and vested rights of Jadewell. The manner by which these infractions were committed is no less reprehensible and deserves to be penalized to the fullest. The actuations of the respondent, simply put, appeared tainted with bad faith (and) abusive of the limits of the tolerance granted him," Ermita said.
Yaranon said that he still has to receive a copy of the suspension order from Malacañang. He said he will exhaust all legal remedies to inhibit the order's implementation.
"We will file a motion for reconsideration first before the Office of the President, but if that would not suffice, we will go through the hierarchy of the courts."
Yaranon, in a telegram to Deputy Executive Secretary Manuel Gaite of the Office of the President and DILG Undersecretary Wencelito Andanar last June 23, or three days before the suspension order was signed, appealed for them to "withhold action on (the) Jadewell harassment cases filed against (him)."
"Jadewell, for (the) past five years, has been arrogantly trampling on (the) basic human rights of our motorists, including myself, by seizing, detaining and impounding private motor vehicles for alleged violation of Traffic Ordinance 003-2000 and convicting alleged violators without due process of law (by) imposing and collecting fines and penalties," he said.
"Jadewell's actions constitute deprivation of property without due process of law. Likewise, violating (the) freedom to travel on city streets and to stop and park thereon without undue restriction and harassment by being compelled to pay parking fees, fines and penalties to Jadewell personnel," Yaranon added.
Taken from Sun Star Baguio