San Francisco Mayor Joselito Alega (right, standing) and his lawyer, Atty. Ramon Facun during the press conference at the Apple and Peach...
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| San Francisco Mayor Joselito Alega (right, standing) and his lawyer, Atty. Ramon Facun during the press conference at the Apple and Peach Restaurant at Red-V, Lucena city. (JOHN BELLO) |
by John A. Bello.
LUCENA CITY – Despite San Francisco mayor Joselito Alega’s reinstatement last June 27 after his 6 months suspension as municipal mayor of San Francisco, the town’s vice mayor still refused to vacate as acting mayor and tension and confusion remain affecting the delivery of public services.
Alega, suspended for simple misconduct, and ordered reinstated by the Court of Appeals (CA) after his 6 months suspension from service as mayor of San Francisco, felt sorry for his constituents as they were made to suffer for the confused situation in his town.
“The vice mayor still refused to give way to my reinstatement on June 27 as ordered by the Court of Appeals and the people of San Francisco are confused and the delivery of public services are affected by the situation in our town,” said Alega in a press conference at Apple and Peach restaurant in Bgy. Red-V here last Tuesday.
During the press conference, Alega was with his lawyer Ramon Facun and municipal human resources officer Mila Bendiola who was replaced by vice mayor Hernani Tan, along with budget officer Edwin Manga and accountant Francis Alvaran.
Facun said the mayor was suspended by the Office of the Ombudsman for 1 year on Oct. 13, 2017 but the CA has issued a modified order reducing the 1 year suspension to 6 months. The mayor’s suspension ended on June 26.
The dispositive portion of the CA decision on May 29, 2018 said:
“Wherefore, premises considered, the decision dated August 18, 2017 of the Office of the Ombudsman is hereby affirmed with modification in that petitioners Joselito R. Alega and Cesar V. Rocas are hereby found guilty of simple misconduct only and are hereby ordered suspended from the service without pay for a period of six months. Reinstatement of petitioners to their respective positions in the municipality of San Francisco is hereby ordered upon full service of their penalty of suspension as herein modified.”
Alega has shown copies of the compliance report and the letter both issued by Quezon DILG provincial director Lionel Dalope regarding the full implementation of the 6 months penalty of suspension and its last day was on June 26.
Alega has formally made written declaration of assumption of office on June 27 addressed to all the members of the Sangguniang Bayan but they remained divided and have not conducted a regular session recognizing the mayor’s reinstatement.
The mayor said he has been awaiting for the specimen signatures from the SB members recognizing his formal reinstatement as mayor but until now they were unable to do it as they were divided into 2 groups of 5 in favour and 5 against his reinstatement.
“My supporters are raring to hold a rally last Friday but I tell them not to do it as I don’t want trouble in San Francisco,” Alega said adding that until no court order is issued against his reinstatement, he is not going to vacate his post as the duly elected mayor of his town.
The mayor disclosed that only regular employees of the municipal government were able to receive their salary but not the 190 employees with Job Order (JO) status. He said he still cannot sign documents for the salaries of the employees as Tan is the one recognized by the Land Bank but he, Alega, still oversees the normal daily operations of the municipal government.
A motion for reconsideration has been filed against Alega but the mayor was standing his ground and stressed the CA’s decision about his reinstatement.
“The six months suspension was fully served June 26, 2018. My reinstatement on June 27, 2018 is in accordance with the Court of Appeals decision, DILG and Section 46 (b) of the Local Government Code,” said Alega in his statement addressed to his fellow public servants appealing to them to exercise prudence and respect to the law and decision of the court.
Lawyer Michael Daguinod, legal counsel for complainant Noel Castillejo, has filed a motion for reconsideration on June 19.
Undersec. Austere Panadero of the DILG has written DILG Reg. 4-A director Manuel Gotis saying they are still awaiting the reply from the Office of the Ombudsman regarding the motion for reconsideration and pending its official response it stays the implementation of the CA decision on May 29 ‘unless directed otherwise by the Office of the Ombudsman or until the CA decision has become final and executory, whichever comes first.’
Misleading title. Clearly, wala pang reinstatement. I've seen recent and official documents saying decision is not yet executory and they should observe STATUS QUO. This is also the main reason why Mayor Alega could not produce the needed document as proof and no office, including the bank would allow him to make any transaction as Mayor.
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