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No political crisis in Baguio — City dad

Contenders interpret the law differently

BAGUIO CITY (July 21) — There is no power crisis, a city councilor said yesterday amid internal strife between elected Mayor Braulio D. Yaranon and “newly sworn in acting Mayor” Reinaldo “Peter Rey” Bautista, his running mate in the last elections under the Koalisyon Kontra Katiwalian (coalition against graft and corruption).

Exactly 15 days after Yaranon received a Malacañang order for two six-month suspension, Bautista took his oath of office as acting mayor despite Yaranon’s persistence to dispense of the mayoralty duties.

City Councilor Jose Mencio Molintas thinks that Bautista’s oath taking is premature because Yaranon is not yet serving suspension.

While Bautista quotes the Malacañang order that, “accordingly, (he) shall act as city mayor and shall exercise all the duties, functions and responsibilities, while respondent mayor is serving suspension,” Molintas said the suspension order is not final and executory and needs further instructions from either the Office of the President or the Department of Interior and Local Government (DILG).

No official instruction

City DILG Dir. Jose O. Rapanut admitted before the media today that his office has not released instructions on Yaranon’s suspension.

The issue on who the legitimate mayor is continues to hound both the legislative and executive branches of this upland city, with Bautista’s oath taking while Molintas maintains that there is no leadership crisis.

Molintas agrees with Bautista who said that he “took the oath but remains the city’s vice-mayor, while he (Yaranon) is still mayor.” He said, however, that it was not necessary for Bautista to take another oath as acting mayor because “his duties as a vice-mayor includes being acting mayor in such circumstances as the mayor’s suspension”.

Rapanut did not comment on Bautista’s oath taking but revealed that he has faxed a copy to Malacañang saying, the issue is now between Yaranon and Bautista. He also revealed that he did not receive an official copy of the June 26 decision, and that he only got a copy being circulated by a certain group.

Yaranon visited different departments reiterating that he is still city mayor and asking them to dispose of their duties so as not to hamper the delivery of social services.

Floating official

On the other hand, Bautista said he took his oath because the city is suffering as he cited that in two regular and one special council session, he was not allowed to preside over deliberations by the councilors.

“I do not want to become a floating official,” he told media, referring to the appointment of temporary presiding officers in the sessions.

But Molintas opines that having taken an oath as acting mayor, Bautista left his post as vice-mayor and presiding officer of the legislative body.

“There is no vacancy in the mayor’s office, but the vice-mayor’s office was left vacant with his oathtaking,” Molintas commented to the media.

He said Councilor Leandro Yangot, the next in succession at the city council, is not likely to take his oath just yet. Yangot was not available for comments as of press time.

Problem in city hall

Some department heads, employees and even members of the council are reportedly against the status quo.

While in front of the cameras, all shook the mayor’s hand and exchanged pleasantries, some could not hide their disgust at the perceived power struggle.

Both Yaranon and Bautista said they are ready to go to court and take responsibility for their actions, with the elected mayor threatening to file appropriate charges and the newly sworn in acting mayor preparing to answer the charges.

Confusion on interpreting the law

While Yaranon cites specific provisions of the Constitution, the Local Government Code and several administrative orders, some lawyers in the counsel advise Bautista on the law.

Yaranon maintains that he would be charged of dereliction of duty if he did not hold office as mayor. Bautista also said he would be charged of the same administrative offense if he did not implement the order of the Office of the President.

Bautista, however, appeared confused when he said that he is not yet mayor while Yaranon is still around, and at other times, he said he is just following the orders of the President, according to Molintas.

The city council reached a consensus on July 17 to clarify it with the Office of the President on the status of the mayor despite clarity in the order that Bautista shall only be acting mayor on the premise that the mayor is serving suspension.

In either the absence of DILG instruction or a clarification from the Office of the President, Bautista’s assumption as acting mayor, as per oath taking before Regional Trial Judge Edilberto U. Claravall, “is an attempt to oust the city mayor by force and not through legal means,” Molintas said. # Lyn V. Ramo for NORDIS

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