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By Jefferson
Antiporda, Reporter
DISMISSED
Vice-Mayor Antonio Calixto of Pasay City can only reclaim his
original post as vice-mayor of the city and not as mayor because the
position is already occupied permanently by Mayor Allan Panaligan,
the Department of the Interior and Local Government said on Friday.
The
clarification was issued by the DILG after Calixto managed to secure
a 60-day temporary restraining order from the Court of Appeals on
the implementation of the dismissal order against Calixto.
Calixto,
together with Mayor Wenceslao “Pewee” Trinidad and councilors
Richard Advincula, Lexter Ibay, Jose Antonio Roxas, Arnel Regino
Arceo, Noel Bayona, Editha Wergel de Dios, Marie Irish Pineda and
Greg Paolo Alcera, was ordered dismissed by the Ombudsman in
connection with the anomalous garbage contract.
The Pasay City
officials were initially suspended in September but were later
ordered dismissed by the Office of the Ombudsman for grave
misconduct for circumventing laws on public bidding in the awarding
of service contracts for garbage collection and disposal in Pasay.
Calixto, in an
interview, said he would be assuming as mayor of the city replacing
Panaligan as stated in the Local Government Code. He explained that
the law states in the event of a vacancy in the mayoralty seat the
vice-mayor will automatically become acting mayor
But DILG
Undersecretary Wencelito Andanar said Calixto could only reclaim his
post as per the appellate court’s order but not the mayor’s
position that is now permanently occupied by Panaligan.
He explained
that Calixto can no longer exercise the so-called law of succession,
because Panaligan had already been sworn in permanently as mayor
after the dismissal of Mayor Trinidad.
Calixto also
can’t assume as vice-mayor yet because the DILG has yet to receive
the official copy of the TRO. “Although photocopies of the TRO
have already been distributed, we do not deal with unofficially
transmitted TROs,” Andanar said.
Andanar also
said that given the limited time, Calixto can assume office by
Monday because the department still has to make an implementing
order that will be signed by Secretary Puno. Once signed, Calixto
will be replacing Vice-Mayor Arvin Tolentino.
Pasay City
Mayor Allan Panaligan, who was sworn in by the interior department
last month said he would respect the court order once it is served
but added he and Tolentino cannot just leave their post since doing
so would open them to administrative charges.
“We will
abide with whatever decision of the legally constituted authorities
in this case of the interior department, but we cannot just abandon
out office since we might be charge with dereliction of duty,”
said Panaligan in a press briefing in his office.
As of 2 p.m.
authorities were still maintaining tight watch over the Pasay City
hall with a fire truck positioned just a few meters away from the
building’s entrance where a barricade has been installed.
Business
transaction remained normal though with security guards thoroughly
checking out visitor’s bags and belongings before allowing them
entry.
Panaligan
asked the Southern Police District director, Chief Supt. Roberto
Rosales, to accompany Calixto inside the city hall if ever the
latter showed up with a TRO from the appellate court that is
allowing him to retake hiss post.
 --With
James Konstantin Galvez
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