Cabanlas defends Laro, Maandig vs. Jaraula’s suspension

July 23, 2008

By Lizanilla J. Amarga

Cagayan de Oro City Mayor Constantino Jaraula suspension against Assistant City Legal Officer Mart Damian Maandig and legal investigator John Laro for “gross and palpable negligence” is illegal and made to save face.

Former City Councilor and then concurrent rules committee head Atty. Edgar Cabanlas explained that the suspension is illegal as it was made even without observing the administrative due process of the law.

He said Jaraula should have first given Maandig and Laro a chance to explain through a letter why they should not be suspended and exhaust first all remedies before issuing the order.

Cabanlas said the right to due process or “hear before you strike” is provided for by the Constitution and numerous jurisprudence of the Supreme Court which Mayor Jaraula should know and observe at all times being a lawyer himself.

“Kadtong suspension order gi-issue ni Jaraula kay actually naulawan naman siya (The suspension order was issued by Jaraula to save face),” he told Gold Star Daily.

Jaraula issued Memorandum No. 302 dated July 9, 2008 that placed Maandig under a 25-day work-without-pay suspension as the latter caused “irreparable damage and tremendous prejudice to the City Government when he signed and officially came out with a legal opinion that is contradicting to the city mayor’s order.”

The mayor said Laro is also suspended for drafting the legal opinion based on the rejected draft “as if it were the official order issued by the Office of the City Mayor” and “thus, misleading his superior Maandig.

But Cabanlas said Jaraula’s suspension order is also illegal as both Maandig and Laro were only doing their jobs.

He pointed out that the opinions rendered by Maandig and Laro were not just based on the “rejected and never adopted” Roads and Traffic Administration (RTA) draft on traffic to and from the Eastbound Terminal.

He said the opinion was made upon the request of Acting City Administrator Griselda Joson who wanted to have the thoughts of the City Legal Office on the legality of the “Proposed Executive Order and Memorandum of Agreement allowing the entry of Tagoloan and Sta. Ana PUJ Liners into the premises of Ororama Mega Center.”

“They were only dong their jobs and they are in good faith,” he said.

Cabanlas said Maandig and Laro even outlined numerous reasons to support why Jaraula’s proposed executive order is ultra vires and violates City Council ordinances.

He said the reasons ranges not just on traffic issues but also from violations of City Council ordinances to even the Constitutional provision on non-impairment of contracts relating to the donation of James Giam, the owner of the Eastbound PUJ Terminal at Gusa this city.

Cabanlas said Maandig and Laro can still seek legal remedies to question Jaraula’s order and have it lifted immediately and ask for backwages.

He added that Laro can even request the regional office of the Civil Service Commission (CSC-10) to lift the order being a rank-and-file official.

Jaraula’s Memorandum No. 302 dated July 9, 2008 said Maandig and Laro caused “irreparable damage and teremdous prejudice” to the City Governnment when it came out with a legal opinion that is contradicting the city mayor’s order.

He said Maandig and Laro knew of the EO Number that was signed and distributed

Despite his knowledge on the existence of the said EO Number that was signed and distributed a week earlier, Mayor Jaraula pointed out that the assistant city legal officer officially came out with a legal opinion that was based on an RTA recommended draft on traffic to and from the Eastbound Terminal that was ‘rejected and never adopted’.

“For having acted with gross and palpable negligence, if not malicious liaison with a third party harboring conflicting interest with that of the city….you are hereby suspended without pay for a period of twenty-five (25) days, effective upon receipt hereof,” the order of the city chief executive reads.

The order that the city mayor is referring to is the Executive Order No. 2008CGJ-39 which was issued on May 5, 2008. The said order defines and mandates the route to be followed by PUJ vehicles entering the city from the East and providing penalties for violation thereof.

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Sunday, July 13, 2008
City Hall lawyer, aid suspended

CAGAYAN de Oro Mayor Constantino Jaraula has suspended a high-ranking lawyer of the City Legal Office (CLO) and an aid for “gross and palpable negligence.”

Assistant City Legal Officer Mart Damian Maandig and legal investigator John Laro were given 25 and 20 days suspension, respectively, without pay.

Arroyo Watch: Sun.Star blog on President Arroyo

The suspension stemmed from a legal opinion assailing as “intrinsically infirmed and defective” a May 5 executive order that paved way for the establishments of PUJ drop-off points in department stores other than the city’s east and westbound passenger terminals.

The accused argued that the order violated the contract governing the conditional donation of the Eastbound Gusa Terminal facility. The agreement allows the land donor, James Giam, to forfeit the donation if the city stops using the facility as PUJ terminal.

Maandig signed the controversial legal commentary drafted by Laro.

Responding to the hostile opinion, Jaraula last month ordered the two to explain why they should not be suspended — their opinion being anchored on the draft executive order prepared by the Roads and Traffic Administration (RTA), and not from the mayor’s final and signed executive order outlining the flow of PUJs entering the city from the eastern portion.

In their respective replies, the two admitted having commented on the wrong documents.

But Jaraula, in a suspension order signed last Wednesday, said the legal opinion caused “irreparable damage and tremendous prejudice” to the local government.

The mayor noted that the executive order had been signed and distributed one week before the CLO came out with the “questionable” opinion.

The RTA draft was rejected and never adopted, Jaraula said.

Jaraula also scored Laro for “misleading” Maandig by presenting the RTA draft “as it were issued by the Office of the City Mayor.”

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