SUSPENDED Dumanjug Mayor Nelson Garcia said he will resume his post anytime soon after receiving a June 25 letter from the Office of the President confirming the stay of execution of his six-month suspension order pending his appeals.
“I already sent word to all my department heads not to follow any instruction or orders from the vice mayor because after my assumption, it follows that all the powers delegated to him as acting mayor are also extinguished,” he told reporters at the CFI Coop in the Capitol compound yesterday.
With the stay of execution, Garcia argued that Cebu Gov. Hilario Davide III’s order to suspend him for six months loses its effect.
He banked on the provision in Administrative Order No. 22, which states that appeals made before the Office of the President can stay orders, executions, or resolutions.
Davide ordered Garcia suspended for grave abuse of authority and grave misconduct last May based on the recommendation of the Provincial Board (PB), for his unlawful appointment of a municipal council secretary.
Dumanjug Vice Mayor Efren Guntrano “Gungun” Gica, complainant, took over as acting mayor when Garcia stepped down.
Garcia said he now has “the authority and function of municipal mayor of Dumanjug” since July 3.
But he said he won’t be reporting to the municipal hall anytime soon. “I do not want any clash because he (Gica) said he is willing to die for the position,” Garcia said.
He alleged that Gica placed armed men in front of the municipal hall and that the acting mayor “probably wants to kill himself,” which Gica denied.
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