Trinidad camp lawyer Rene Saguisag argued that the dismissal order was not yet final and that Trinidad, Calixto and the eight councilors should again assume office.
"The preventive suspension imposed against these officials is not valid anymore. This means said officials should again be allowed to do their jobs as elected officials of Pasay City," Saguisag told reporters.
Another lawyer, Dave Machica, reiterated Saguisag’s argument.
In a letter addressed to Interior Secretary Ronaldo Puno, Machica, who represents the eight councilors, contended that the recent order of the Ombudsman in effect terminates the preventive suspension meted against his clients.
"The Ombudsman decision is a logical indication that the investigation, which is sought to be protected and served by the preventive suspension, has already been terminated. In other words, there is, therefore, no more suspension to speak of, as the administrative investigation on our clients is already deemed terminated by reason of the promulgation of the Ombudsman decision," the letter stated.
Machica added that because the election period began yesterday, his clients’ suspension "already constitutes a prohibited act during said period. Therefore, by operation of law, the suspension is likewise automatically lifted on this ground."
He added that his clients "are rightfully entitled to re-assume their respective offices and that it is the DILG’s ministerial duty to implement the foregoing legal effects immediately."
They likewise asked Puno to order the temporary appointees in the Pasay City government to immediately vacate their posts.
Trinidad, Calixto together with Councilors Richard Advincula, Lexter Ibay, Jose Antonio Roxas, Arnel Regino Arceo, Editha Vergel De Dios, Marie Irish Pineda and Greg Paolo Alcera were placed on a six-month preventive suspension starting Sept. 1 last year for their alleged involvement in a P464.6-million illegal garbage collection and disposal contracts that were concluded in 2004 to 2005 as the Ombudsman’s investigation got under way.
Trinidad questioned the resolution, claiming they were not given enough time to answer the complaint.
Councilors Allan Panaligan and Arvin Tolentino were afterwards, sworn in as acting mayor and vice mayor, respectively, by the DILG.
Trinidad showed up at the city hall yesterday together with Calixto and around 100 supporters after a flag-raising ceremony. Police, however, prevented Trinidad and his supporters from forcing their way into the building.
Meanwhile, Panaligan appealed to Trinidad’s supporters to remain calm and not to resort to violence. "Their supporters have a right to express their sentiments but the rule of law should prevail at times. Resorting to violence can never be justified," he said.