Malacañang order says ‘strong evidence of guilt’ of grave misconduct

THE order that benched Cebu City Mayor Michael Rama for 60 days says there was “strong evidence of guilt”  that he violated  due process when he had a concrete center island demolished in barangay Labangon last year without first going to court.

The demolished structure, a barangy project,   could not be considered  a “nuisance per se”  based on Supreme Court cases, said the order from the Office of the President.

Malacanang agreed with the Labangon barangay captain that the structures were not a menace to public safety but were instead built to enhance the safety of pedestrians and motorists.

As such, they  could have only been demolished through a court order.

The preventive suspension order, which is not a penalty, was signed on Dec. 2 by Executive Secretary Paquito Ochoa.

“Wherefore, as recommended by the Department of Interior and Local Government, respondent Mayor Michael L. Rama, Cebu City, is hereby placed under preventive suspension for a period of (60) days, effective upon receipt of this Order, pending investigation of the charges filed against him,” read the order.

The order said  the three elements for a valid preventive suspension were met.

First, the issues were joined, meaning the mayor already filed a verified answer to the complaint of Labangon captain Victor Buendia.

Second, there was “strong evidence of guilt” of grave misconduct  when the mayor admitted  he ordered the removal and demolition of the center island and lamppost project.

And third, there was a “great probability” that Rama would use his position to influence witnesses.

“Without prejudice to further investigation of the case, the respondent Mayor’s undisputed act of ordering the summary demolition of the subject structures, in the face of established rules and the foregoing permits and approvals in support of the project, even including respondents very own approval, is indicative of grave misconduct in office, thus satisfying the second requisite for a valid preventive suspension,” the order read.

The order said that because of his position as mayor  Rama could influence witnesses or pose a threat to the safety and integrity of records considering the gravity of the offense.