Bataan mayors’ league head suspended for 60 days

BALANGA CITY —The Department of the Interior and Local Government (DILG) served a 60-day preventive suspension order yesterday to the mayor of the industrial town of Limay for alleged grave misconduct and abuse of authority.

Josefina Castilla Go and Ruben Diaz, the DILG’s Central Luzon and provincial director, respectively, personally delivered the suspension order to the office of Mayor Nelson David, president of the provincial mayors’ league, directing him to cease and desist from discharging mayoral duties and functions and installing Vice Mayor Melchor Fernando as acting mayor.

The DILG team went to the Limay town hall at about 11 a.m. but David was not around to personally receive the suspension order. A copy was just left in his office.

A staffer of David told The STAR that the mayor rushed out of his office when he was informed about the arrival of Go and Diaz.

Municipal employees continued their work as the DILG team entered the two-story municipal hall.

Some municipal councilors and department heads refused to answer queries from reporters, claiming that David had gone to Manila to appeal to President Arroyo, through Executive Secretary Eduardo Ermita, for the lifting of the suspension order which they claimed was politically motivated.

The Sangguniang Panlalawigan, during its special session last Nov. 22, recommended to Gov. Enrique Garcia Jr. the 60-day preventive suspension of David after the mayor continued to refuse to issue mayor’s and building permits to the Virgilio P. Roque Construction Company, the sub-contractor of a P100-million project inside the huge Petron refinery in Limay town.

The site development project under the refinery’s expansion program has been awarded to Daelim Phils. Inc., a Korean-owned construction firm.

The administrative case against David arose when Manuel de Leon, a foreman of Virgilio P. Roque Construction Company, complained before the provincial board that David was allegedly seeking accreditation from Petron and expressing his intent to be part of the project.

David is the proprietor of ND. Construction and Trucking.

His refusal to issue the mayor’s and building permits to the sub-contractor was deemed a violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, specifically Section 9, for failing to divest his private interests in the construction company to avoid any conflict of interest.

Citing the provincial board’s resolution, board member Eduard Florendo said David violated provisions of RA 3019 or the Anti-Graft and Corrupt Practices Act for using his position to harass the contractor of the Petron refinery project and stopping its work without any legal basis.

In his counter-affidavit submitted to the board last Nov. 17, David said that while he owns ND. Construction and Trucking, there is no conflict of interest because the company does not have any financial, pecuniary or material interest in any transaction requiring the approval, intervention or participation of the mayor’s office.

David attributed the delay in the issuance of the building and mayor’s permits to the failure of Petron Corp. and Dailem Phils. Inc. to comply with the requirements.

David said he has no role or participation in the issuance of such permits and the complaint against him was purely based on hearsay and speculations.

The provincial board said David’s preventive suspension is a legal way of stopping him from possibly influencing witnesses or threatening the safety and integrity of records and other pieces of evidence during the investigation.