Malabon’s Vicencio kicked out as mayor

With a copy of an official order from the Department of the Interior and Local Government (DILG) in his hands, Acting Malabon City Mayor Mark Allan Jay Yambao is set to bump off anew beleaguered Mayor Amado Vicencio, even with only eight working days left of his third and last term, from his seat at the city hall by tomorrow, Monday. If ever, this will be the second time in as many years Vicencio will be unseated after retaking his seat coming off his suspension.

The crisis is expected to deteriorate unless the authority, acceptable to both camps, steps in. While Yambao arms himself with the DILG order, Vicencio is waving the CA decision as the basis for his legitimate occupancy of the mayor’s seat.

"My stand is for us all to follow the rule of law. I will obey that law. And the law says that I am still the (acting) mayor and no one else," Yambao said moments after receiving Friday afternoon a formal written copy from the DILG, the "court of origin" in the suspension case slapped against Vicencio middle of last year, ordering him to continue discharging his functions as chief executive of the city.

"Those who will not obey will be dealt with accordingly. I will be filing cases before the courts and before the Civil Service Commission (for insubordination) against those who will defy the order," Yambao told The STAR yesterday.

In a memorandum dated June 18, 2004, DILG Assistant Secretary Serafin Benaldo, in behalf of Secretary Joey Lina, ordered Yambao to stay put "in the meantime that the decision of the Court of Appeals is not yet final and executory." Under the law, the order pointed out, the Office of the President, which handed down Vicencio’s suspension on conviction for charges of abuse of authority, through the Office of the Solicitor General, has 15 days to "appeal" the CA decision setting aside the remaining (four) months of Vicencio’s original 12-month suspension.

The star crossed Vicencio, however, said he will not take this sitting down and vowed to exhaust all remedies to rally his flagging cause, including bringing Yambao to court.

"As far as I am concerned, ang papel na hawak ni Vice (Mayor Yambao) ay opinyon lang ng DILG. This is a question of law. The CA has interpreted it to our favor. The only thing that can supercede the CA decision will be the CA kaya (unless the order is rescinded or reversed by itself), tuloy pa rin ako as mayor," Vicencio insisted. He added that yesterday his lawyers were already preparing charges of usurpation of authority, contempt of court and ignorance of the law against Yambao "for clinging to my rightful post." Yambao had earlier taken exception to accusations he is clinging to the mayor‘s post. "I am not. I am just following the rule of law," he told The STAR.

Gerry Gonzales, Vicencio’s spokesman, said Yambao should go to court instead and not hide behind the DILG’s skirt.

"JJ (Yambao) has no personality in this issue. He is not even a complainant and became mayor only by operation of law (being the city vice mayor at the time of Vicencio’s suspension). Dapat he should already cease and desists as mayor pronto," Gonzales said adding that if Yambao will insist, Vicencio will sue.