MANILA, Philippines — An additional penalty should be imposed on any elected or appointed public official who refuses to comply with an executory legal suspension or removal order to avoid tension and violence similar to the incident in Bonifacio, Misamis Occidental, according to Sen. Francis Escudero.
Escudero said the added punishment would be temporary or permanent disqualification from running for public office or holding any position in government.
The senator’s statement is related to the investigation by the Senate committee on public order’s issue regarding the refusal of Bonifacio, Misamis Occidental Mayor Samson Dumanjug to comply with the suspension order against him.
Dumanjug and his wife, Vice Mayor Evelyn Dumanjug, were suspended by the Sangguniang Panlalawigan due to a corruption issue.
The Dumanjugs have denied the accusations against them.
“I don’t think anyone asked the suspended mayor, in the beginning of the hearing, why he refused to follow a legal order and vacate his office. If he did, at the outset, there would have been no untoward incident to begin with,” Escudero said.
“That he was insisting that he was not read his Miranda rights is actually an admission that he committed (or is at least a suspect in) a crime/violation of law,” he added.
The senator said temporary or permanent disqualification to run and hold public office must be added as a penalty against those who refuse to obey an executory legal suspension/removal order against any public official or employee, elected or appointed.
He also noted that the Philippine National Police (PNP) should not shirk from its duty to “enforce the law as well as legal orders” simply because it is politically charged.
“If the chief of police of the town had acted immediately, instead of taking the side of the suspended mayor, escalation would have been prevented … not to mention the unnecessary requirement in the PNP (Philippine National Police) manual of getting the CPNP’s approval in executing/implementing such orders … especially when the DILG (Department of the Interior and Local Government) itself has already ‘recognized’ the mayor’s suspension,” Escudero said.
Sen. Ronald dela Rosa, who presided during the public hearing of the Senate committee on public order, agreed to the move “in order to avoid tension and consequently violence, but we cannot blame a duly elected official to insist on his rights, duties and responsibilities if he believes he has the legal basis to do so.”
“That is why we need the active role of the DILG in resolving matters like these since it is the appropriate apolitical body,” Dela Rosa said.