Palace order issued ‘with grave abuse of discretion’, says Rama
LAWYERS of suspended Mayor Michael Rama yesterday said his preventive suspension was issued with “grave abuse of discretion” by the Office of the President.
Their petition for certiorari was filed past 11 a.m. with the Court of Appeals Cebu Station.
“There is absolutely no legal basis for the Office of the President to rule that the evidence of guilt against Rama is strong,” said Rama’s lawyers Floro Casas Jr., Jasper Pelayo, and the mayor’s son Mikel Rama.
Mikel told reporters the mayor was still on official leave as of December 11 and has not received a copy of the decision or order of Malacanang.
Rama asked the court to issue of a temporary restraining order (TRO) and a writ of preliminary injunction to stop the Department of Interior and Local Government (DILG) from implementing the 60-day suspension order.
The petition will be heard by the 19th CA division composed of Associate Justices Edgardo delos Santos, Edward Contreras, and Geraldine Macaraig.
The Office of the President, in its Dec. 2 order, suspended Rama for 60 days pending investigation of an adminstrative complaint filed by Labangon barangay captain Victor Buendia over the demolition of barangay-funded median or center traffic barrier last March 25, 2014.
Rama said it was within his power as mayor to destroy a structure that posed a risk to public safety.
His lawyers said the administrative complaint was a “baseless harassment suit” that deprives people of Cebu City the right to be governed by the officials they elect.
“The people of the City of Cebu have given their mandate to Mayor Rama not only once but twice. There is, therefore, no better way to quantify the will of the people except by the holding of elections,” they said.
The petition also said the requirements for a preventive suspension under the Local Government Code were not met.
The suspension can be issued only if “the evidence of guilt is strong and, given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence witnesses or pose a threat to the safety and integrity of the records and other evidence.”
Rama’s lawyers said it took 10 months for the Office of the President to issue a preventive suspension from the time Rama filed a verified answer to the complaint.
Within that period, Rama never tampered records or evidence, or tried to influence witnesses.
The demolition of the center barrier in Katipunan Street, corner Salvador Street was based on a directive of the Department of Public Works and Highways (DPWH).
DPWH, in a letter dated March 7, 2014 directed the barangay captain to immediately remove the concrete barrier because it posed danger to motorists and violated the Philippine Highway Act.
“What kind of government are we then when one agency (DPWH) directs the performance of an act while another agency (Office of the President) penalizes the performance of that very same act?
This travesty shall not be allowed,” said Rama’s lawyers in their petition.
Barangay Labangon started its street lighting project on June 27, 2013 despite the lack of a DPWH permit. The approved plan was modified to include a median or center barrier in addition to the installation of street lights.
Rafael Yap, former Citom executive director, earlier said the structure posed danger to m,otorists and that street lights should not be installed there.
He recommended that the center barrier must be removed and that the street lights should instead by installed on the sidewalk.
DPWH ordered the suspension of the project and its removal on July 2013.
A month after, Rama sent a letter to the barangay captain asking him to remove it due to various complaints that it was affecting traffic.
Buendia refused to heed the orde and the mayor had a City Hall demolition crew take it down.
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