By ELDIE AGUIRRE
DIGOS City––A mayor, supposedly under arrest for the murder of a journalist, has defied the interior department’s regional office by refusing to yield his powers to his vice mayor in Davao del Sur.
“Nothing, except an order of a competent court or a Department Order directly from the Office of the DILG Secretary, can stop me from doing and discharging my function as the duly elected municipal mayor. Not an opinion,” reads a letter sent by Matanao Mayor Vicente Fernandez to Vice Mayor Elmer Javelona.
Javelona earlier assumed as acting mayor of Matanao, Davao del Sur, following Fernandez’s supposed detention in connection with the murder of journalist Nestor Bedolido.
After being discharged from a hospital in Nov. 26, Fernandez issued a declaration for resumption of office the following day. He informed Javelona that he was cutting short his “leave of absence,” and that he would hold office in the town’s police station.
He also urged Javelona to go to court. “By doing so, you can spare the LGU from unnecessary ill-effects of a prolonged standoff in leadership as well as destructive disruptions of basic services.”
Fernandez threatened to sue Javelona for usurpation of powers.
But Javelona ignored Fernandez’s threat, and continued discharging the duties of an acting mayor. He also reported for work at the mayor’s office in the Matanao town hall.
Javelona warned town hall employees against taking orders from Fernandez.
But the rift was aggravated when the town council approved a resolution in Dec. 2, recognizing Fernandez’s Declaration of Resumption of Office.
DILG regional director Wilhelm Suyko wrote to DILG provincial director Abeto Bernasor in Dec. 3, and pointed out that the detention of Fernandez is a legal issue, and it caused a temporary vacancy in the town’s mayoral post.
“We already explained to Mayor Fernandez that the grounds that give rise to temporary vacancy of the office of the mayor are not restricted to leave of absence, suspension from office, and travel abroad. The phrase ‘such as, but not limited to’ in Section 46 (a) of the Code implies similar other cases such as detention of local chief executive,” Suyko said. “Temporary incapacity, in accordance with the provisions of the Local Government Code, may be due to physical or legal reasons such as, but not limited to leave of absence, travel abroad and suspension from office.”
He added: “‘Cutting short’ his leave of absence does not remove the fact that he is still in detention or confined in jail which is also a physical and legal reason that gives rise to temporary vacancy.”