SEN. Francis “Chiz” Escudero has proposed the imposition of stiffer sanctions against elected and appointed officials who refuse to comply with executory legal suspensions or removal orders.
Among others, Escudero said officials who disobey legally issued suspension or dismissal orders should be permanently disqualified from again running and holding public office.
“Temporary or permanent disqualification to run and hold public office must be added as a penalty against those who refuse to obey an executory legal suspension/removal order versus any public official or employee, elected or appointed,” he said.
Escudero made the pitch after the Senate Committee on Public Order and Dangerous Drugs conducted hearings on the “inhumane and violent acts” supposedly committed by the PNP in serving the suspension orders on Mayor Samson Dumanjug and his wife Vice Mayor Evelyn Dumanjug, both of Misamis Occidental, for alleged irregularities in the purchase of equipment by the municipal government of Bonifacio town.
“If he (Mayor Dumanjug) did (obey the order), at the outset, there would have been no untoward incident to begin with,” Escudero pointed out.
During the hearing, Misamis Occidental Gov. Henry Oaminal said the Dumanjug couple were ordered suspended by the Sangguniang Panlalawigan due to alleged corruption and betrayal of public trust. Instead of recognizing the order, Oaminal said the couple locked themselves at the mayor’s office starting May 30 until the local police and members of the Provincial Risk Reduction Management Council forced them out of the municipal building on June 16.
Mayor Dumanjug has complained that the PNP used excessive force to bring him out of his office, to which Oaminal reasoned that the police merely enforced a lawful order to clear the mayor’s office so that public services will not be hampered.
Escudero said the statement of Mayor Dumanjug that the police did not read him the Miranda Rights while being forced out of his office is an admission “that he committed a crime or a violation of law.”
Escudero noted that elected and appointed officials often land on the news once they refuse to vacate their respective offices upon the issuance of suspension orders.
In most cases, he said the elected or appointed officials even call on their supporters to flock to where they are holed up to prevent authorities from serving the notices or for them not to be forced out of their offices.
Sen. Ronald dela Rosa, committee chairman, said tension at the Bonifacio municipal hall could have been prevented if the Dumanjugs recognized and obeyed the suspension order.
“Yes, in order to avoid tension and consequently violence. But we cannot blame a duly elected official to insist on his rights, duties and responsibilities if he believes he has the legal basis to do so. That is why we need the active role of the DILG in resolving matters like these since it is the appropriate apolitical body,” Dela Rosa said.
Escudero reminded the PNP not to be influenced by politicians in cases when it serves suspension orders.
“The PNP should not shirk from its duty to ‘enforce the law as well as legal orders’ simply because it is politically charged. If the Chief of Police of the town had acted immediately, instead of taking the side of the suspended mayor, escalation would have been prevented… not to mention the unnecessary requirement in the PNP manual of getting the CPNP’s approval in executing/implementing such orders… especially when the DILG itself has already ‘recognized’ the mayor’s suspension,” he said.
