SOLGEN OPPOSES QUIMCO PETITION
The Office of the Solicitor General cited the following grounds for their prayer for the denial of said petition as follow:
“I. There is temporary incapacity to perform his (Mayor Celso G. Regencia) duties and functions due to legal reason as a result of the criminal charges filed against him in Branch 44 of the Regional Trial Court in Initao, Misamis Oriental.”
“II. There is no need for a suspension order or cease and desist order for the provisions of Section 46 par (a) of the Local Government Code of 1991 to take effect.”
“III. The position of Mayor is not a property right within the contemplation of the Constitution.”
“IV. The law requires the incumbent Mayor to hold Office in the City Hall and not in the City Jail.”
“V. The petitioners are not entitled to the reliefs prayed for.”
The said Comment was signed by John Emmanuel F. Madamba, Assistant Solicitor General and Maisara C. Dandamun Latiph, Senior State Solicitor.
It may be recalled that upon the detention of Mayor Celso G. Regencia at the Iligan City Jail due to the criminal cases filed against him at the Regional Trial Court, Branch 44 in Initao, Misamis Oriental, Vice-Mayor Ruderic C. Marzo and First Councilor Providencio Abragan, Jr. assumed as Acting Mayor and Acting Vice-Mayor, respectively.
Atty. Ver Quimco, et als filed the instant petition and the Regional Trial Court, Branch 6 of Iligan City, issued a Temporary Restraining Order (TRO) and subsequently a Preliminary Injunction against Marzo and Abragan.
FRANKDOS/TNRS
