Last Dec. 2 the Office of the President issued a preventive suspension against Cebu City Mayor Mike Rama in connection with the demolition of a median constructed by barangay Labangon.
In his defense, the mayor stated certain facts to give his side.
First, the city only approved the project’s costing and design. Vice Mayor Edgar Labella on Thursday said that they discovered that what the mayor signed was the approval for only the street lighting component.
Second, it was necessary for the barangay to secure a permit from the Department of Public Work sand Highways (DPWH) because the median or center island was on a national road which is under the jurisdiction of the DPWH.
Third, the barangay built the median without a permit from the DPWH
Fourth, the city government called the attention of the Labangon barangay captain and directed him to stop construction and to get a DPWH permit but this was left unheeded
Ben Militar, lawyer of the Bando Osmeña-Pundok Kauswagan (BO-PK), alleged that the city engineer gave the letter to proceed with the project. It turned out this was signed by barangay captain Vic Buendia
Fifth, the DPWH later ordered the demolition of the illegal structure for posing danger to the public.
Sixth, since there was already an order of the DPWH, the mayor under the Local Government Code implemented the demolition of the structure
The preventive suspension order is not a penalty. There are no findings yet that the mayor is guilty of anything because the issue still has to be resolved.
The Office of the President is clearly playing partisan politics here. There was no factual and legal basis to suspend Rama who was implementing an order of the DPWH to remove a median illegally constructed that posed danger to the public.
The mayor was exercising police power under the general welfare clause. As chief executive and father of the city, he was just protecting lives.
The mayor did not approve the entire project. What he approved was its costing and design.
The barangay captain was stubborn about not heeding the city government’s advice to get a DPWH permit. The person who should have been suspended is the barangay captain.
Buendia, who belongs to the BO-PK and is running for a seat in the city council, was not telling the truth in his public statements.
I am confident Mayor Rama can secure a favorable decision from the Court of Appeals including a temporary restraining order against the Office of the President. Any law student would clearly grasp these points.
The decision of Malacañang may be considered unfair. They should be ashamed of what was done to the city government.
The people behind the suspension should be worried because people can see the injustice. If the mayor handles the situation properly, the order may just boomerang on local and national candidates allied with the administration in next year’s election.