Suspended Dumanjug Mayor Nelson Garcia said he will resume his post on July 21 based on a letter from the Office of the President confirming the stay of execution of his six-month preventive suspension order pending appeal.
Garcia said he already served notice to the proper offices as required under Sec. 46 of the Local Government Code and gave copies to the municipal council and Acting Mayor Efren Guntrano “Gun-Gun” Gica to inform them that his suspension has been lifted.
Section 46 provides for temporary vacancy of the office of the local chief executive.
It states that the temporary incapacity shall end upon submission to the appropriate Sanggunian of a written declaration by the local chief executive concerned that he has reported back to office.
It also states that if the temporary incapacity is due to legal cause, the local chief executive shall submit necessary documents showing that the cause no longer exists.
Acting mayor Gica, his political opponent, disagrees with Garcia’s interpretation of the law.
He said the suspended mayor could not resume his post unless he can provide a clear copy of the order signed by the Office of the President or an order from the Office of the Governor lifting his six-month suspension.
Joshua Dacumos, chairman of the committee on rules and ordinances, said what they received from Garcia was only his own declaration that he can resume office and that he complied with legal requirements.
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