TRO foils Caloocan mayor's suspension

By ED MAHILUM and CZARINA NICOLE O. ONG
January 9, 2012, 1:59pm

MANILA, Philippines — The Caloocan City Regional Trial Court (RTC) issued on Monday a temporary restraining order (TRO) preventing the enforcement of the six-month suspension order issued by the Office of the Ombudsman against Caloocan Mayor Enrico Echiverri.

The TRO, issued by Executive RTC Judge Eleonor Kwong, gave Echiverri 72 hours within which to answer the suspension order.

Russel Ramirez, city administrator, read the TRO notice in front of thousands of Echiverri supporters who have encamped at the Caloocan City Hall since early Saturday in a massive show of support to the mayor.

More supporters were still going to the city hall. By Monday morning, the supporters filled up the flagpole area and the plaza in their pronounced bid to secure the city hall from a “planned illegal takeover by the official’s political rivals using a questioned court order.”

Echiverri’s supporters set up barricades around the city hall in anticipation of a possible attempt by the camp of Vice Mayor Edgar Erice to serve the suspension order.

Erice allegedly planned to stage the takeover on Monday as Catholics in the city and around Metro Manila were busy observing the Feast of the Black Nazarene.

“We cannot allow our votes to be wasted. We will not allow anyone to steal the mayorship of our city. We will remain vigilant as there will be attempts to do all these today, when people and the media’s attention will be focused on the feast of the Nazarene,” one supporter said.

To prevent the possible outbreak of violence, Echiverri issued a statement calling for “sobriety and calm,” stressing that as long as the rule of law prevails, “we have nothing to fear.”

“Let us give the wheels of justice the chance to right the wrongs that have been inflicted against us and not let our emotions get the better of us. To the people of Caloocan, I will never abandon you nor the position that you have given me. The City Government is committed to serve you even when our political opponents seek to derail the delivery of basic services. It is business as usual in City Hall today and in the days to come,” Echiverri said in a statement.

Earlier, the Department of the Interior and Local Government (DILG) said it will not serve the suspension order against Echiverri until all legal issues surrounding it have been studied.

DILG Secretary Jesse M. Robredo said he has yet to receive and see the court order and the Motion for Reconsideration (MR) filed by the camp of Echiverri in connection with the Government Service Insurance System (GSIS) remittance mess.

“I don’t want to issue any statement yet on the suspension because I have yet to see the copy. I don’t even know if the decision of court is already final and executory,” Robredo said.

Likewise, he explained that he would still seek the opinion of the DILG legal division regarding it.

The Office of the Ombudsman has recommended a six-month preventive suspension against Echiverri and three others in connection with their alleged failure to remit the GSIS contribution of city hall employees.

An injunction against the suspension was ordered, but the Court of Appeals lifted it recently.

However, Echiverri’s lawyer explained that the lifting of the injunction against the preventive suspension of the mayor is not yet final and executory. Under the rules of the Court of Appeals, if a timely motion for reconsideration is filed, the decision cannot be executed, according to Atty. Mei Go, counsel of Echiverri.

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