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Wednesday, February 13, 2008

 

Cuerpo to defy suspension

Gov. Ynares warns they will make him understand the order the hard way

By Francis Earl A. Cueto, Reporter

RODRIGUEZ, Rizal: Municipal town Mayor Pedro Cuerpo vowed to defy the 60-day suspension order of the Rizal Provincial Government and report for office even if authorities would try to prevent him from doing so.

“I still have to be served the legal notice of my suspension. But even if such notice is sent, I will continue to report for work,” Cuerpo said in a statement.

Rizal Gov. Casimiro “Jun” Ynares 3rd, acting on the recommendation of the Sangguniang Panlalawigan Monday, suspended Cuerpo days following the complaints filed by the Metro Manila Development Authority and the garbage haulers servicing the requirements of Metro Manila.

In a resolution signed by all members, the Sangguniang Panlalawigan said that they suspended Cuerpo following his alleged “wanton disregard for competent authority.”

Cuerpo said that he would continue to report for work and continue serving his constituents until his term expires.

Ynares remained unfazed as he warned Cuerpo that they might be forced to make him understand his suspension the hard way.

“I advise that all parties concerned adhere to the legal processes and ensure that all steps they take are within the bounds of law. There are legal consequences when illegal means are resorted to. I advise all concerned that they do not allow the situation to get to that,” the Rizal governor said in a text message to the Manila Times.

“Also, we have opened the landfill to MMDA and municipalities in Rizal just now,” continued Ynares’s message. “Operations are back to normal. PNP are escorting all trucks coming in to ensure smooth traffic.”

The preventive suspension order against Cuerpo was issued on Monday pursuant to the recommendation of Sangguniang Panlalawigan of Rizal in SP Administrative Case No. 07001 for alleged violations of Sections 58 and 60 and (e) of Republic Act 7160 or the Local Government Code. The administrative case emanated from the implementation of a Sangguniang Bayan Kautusan Blgs. 07-12 and 07-13 which imposed the obligation to pay a Development Exaction Fee to the Municipality of Rodriguez, Rizal on those who will use the sanitary landfill within the municipality.

A complaint by a certain Renato Rodriguez alleged that Cuerpo committed a violation of Sections 58 and 60 of the Local Government Code when he implemented the municipal ordinances despite the declaration of the Sangguniang Panlalawigan that the same were void for being “ultra vires”.

Cuerpo condemned the 60-day suspension order “as baseless and bereft of any legal basis at all.”

“It is pure, unadulterated vendetta and sheer, blatant abuse of power and authority by the Rizal governor and members of the provincial board,” Cuerpo said.

Cuerpo maintained that he has control of the landfill that serves majority of Metro Manila’s solid waste disposal requirements, as upheld by the Interior and Local Government in an opinion in October last year and then later by the Office of the President through a ruling issued by Executive Secretary Eduardo Ermita on November 23.

Cuerpo questioned the preventive suspension since the investigation had already been completed and the case has been submitted for resolution. As such, he could no longer influence the witnesses for or against him.

“The preventive suspension reeks of unabashed vengeance and abuse of power and authority by those who seek to control the sanitary landfill that legally and rightfully only the Municipality of Rodriguez has the full authority and power to control and regulate,” he said.

Cuerpo said the Palace opinion virtually rendered illegal the closure order issued by the Rizal Sangguniang Panlalawigan on the 14-hectare sanitary landfill being operated by the municipality of Rodriguez.

“The executive department’s opinion also virtually declared illegal the 19-hectare garbage dumpsite opened by the Rizal provincial government in partnership with the same landfill operator in the same area for violating Section 17 of the Local Government Code,” he said.

   

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