Vice Mayor Reinaldo Bautista Jr. was sworn into office as acting mayor by Regional Trial Court (RTC) Judge Edilberto Claravall the other day.
Bautista Jr. promptly issued a memorandum to all department heads and the 14-member city council informing them about his assuming the mayorship.
He cited the June 26 decision of the Office of the President suspending Mayor Braulio Yaranon for one year for abuse of authority upon the complaint of a local private parking company.
But Yaranon is unperturbed, saying, "I am not yet serving my suspension.
The 78-year-old former RTC judge and councilor said Malacañang’s resolution in DILG Administrative Case No. C-04-2004 is not yet final and executory.
He said Bautista’s legal counsels have erred in advising him to take over the mayorship.
"They relied on a mere resolution, not a decision," he said.
"How can Bautista take over as acting mayor when the private parking firm Jadewell is still asking President Arroyo to implement (the resolution) via an implementing order," Yaranon said.
He said even the regional office of the Department of the Interior and Local Government has not issued any implementing order for Malacañang’s June 26 resolution.
Upon reading Bautista’s memorandum to the city’s department heads and councilors, Yaranon issued his own memorandum sort of "teaching" Bautista how to interpret the law.
Bautista is an educator and his family owns the University of Baguio.
"There is no vacancy in my office… You still do not have the right to function as mayor," Yaranon’s memorandum stated, referring to Bautista.
"Should you insist, I wish to inform you that I will take appropriate actions to protect (the) public interest and welfare," he added.
Yaranon also reminded Bautista, his running mate in the May 2004 elections: "Lest you forget, it’s the people of Baguio (who) voted for me."
"It seems that you are siding with Jadewell," he added.
Bautista, however, said his oathtaking was misinterpreted, claiming that he was just preparing for his eventual takeover when the issue is resolved.
Moments into the interview with reporters, Bautista, however, said he will now function as "acting mayor" and will hold office in his present office since Yaranon has not vacated his.
He said he is not power-hungry but has to take over the mayorship, "otherwise, they will charge me with dereliction of duty if I will not follow Malacañang’s (order)."