Malabon’s Yambao won’t give up seat

‘Not so fast, Boy!’

This was the message thrown yesterday in the face of suspended Malabon City Mayor Amado "Boy" Vicencio, who is back to serve the last 15 days of his last term, by Acting City Mayor Mark Allan Jay Yambao, also vice mayor who lost while running for mayor in the last elections.

The city was thrown into a state of confusion after its top two officials yesterday engaged in a political tug-o-war with each one maintaining he is the legitimate city mayor. The public giddily awaits who will blink first. Meanwhile, tension grips the city.

The crisis persisted as Yambao yesterday refused to surrender his seat to Vicencio, who has served over seven of a 12-month suspension slapped by the Office of the President on him on conviction of abuse of authority and has returned by virtue of a Court of Appeals (CA) order restoring him to the post. Malabon, in effect, now has two mayors.

Yambao, in an inter-office memo addressed and distributed to all department heads, chiefs of offices, all city council members and city hall employees, insisted that Vicencio cannot re-assume his post because the court order that drastically cut his 12-month suspension to only three months from October last year, was not final and executory.

Yambao’s memo was a countermeasure to an earlier inter-office memo issued by Vicen-cio asserting among others that he was assuming the duties and responsibilities devolving upon his position as city mayor effective noon of June 11, 2004, Friday. His return was anchored on the decision of the Special Second Division of the CA.

"For the correct and proper information and guidance of all, the suspension of Vicencio still remains to this day," Yambao said adding that the status quo stands "until and unless proper legal procedures are observed."

Yambao emphasized that Vicencio’s instructions had no leg to stand on for one, no copy of the alleged decision was officially issued and released copy furnished his office the CA decision putting him back to public office; two, the altered decision has not yet attained finality and therefore cannot be enforced.

The acting mayor also raised a thinly veiled warning to all government employees in the city.

"Take this as a precaution that this administration (Yambao’s) will not allow the implementation of Vicencio’s memo except through a writ of execution issued by the CA. Neither will it allow its personnel to disrupt regular work or public function for these reasons. Any participation on the self-imposed memo calling for an assumption of office of Vicencio shall be dealt with accordingly," said Yambao in his memo.

The department heads and chiefs of offices, or at least most of them, judging by their presence at Vicencio’s press conference, have indicated as to who they will obey.

Sources said Yambao was set to file a case against Vicencio for reassuming his office without following proper proclaims. For his part, Vicencio stood pat on his claim to his seat.

"It is my obligation to follow the CA order. Hindi maaaring di ko sundin at baka ako naman ang maakusahan ng kapabayaan (abandonment of duty)," Vicencio said in a press briefing at the San Bartolome Parish Church.

"The mayor has served his sentence, so he must assume office," said lawyer Reginal Jose, private counsel to Vicencio. This was backed by a comment from the city legal officer, lawyer Danilo Diaz.

"The law says, if the punishment had been served, he is automatically re-instated, immediately set free (to reassume his post). He is the duly constituted official. Being such, he is duty-bound to serve. So we will follow him and that would be until June 30, 2004, the mandate of the people," said Diaz, speaking for the rest.

With just 12 working days left in his term, Vicencio, who spent half his life (28 years) in public service, first as a police officer, then councilor, later nine years as vice mayor and nine years as mayor, said he will be focusing on the mandatory obligations like salaries waste disposal, inspection of schools, monitor and work towards maintaining the current peace and order situation. The bigger projects, he said, he is leaving to the upcoming administration under Mayor-elect Canuto "Tito" Oreta to continue and finish.— With Pete Laude