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ILOILO CITY?A showdown looms at the Iloilo provincial capitol
after Iloilo Gov. Niel Tupas Sr. vowed to defy a dismissal order
related to graft charges that is expected to be served today by
the Department of Interior and Local Government.
"I cannot follow an illegal order and I will not step down.
Never," Tupas said in a telephone interview.
Tupas said he does not know what offense he has committed or
the case that was used as the basis of the dismissal order.
DILG Undersecretary for Local Government Wencelito Andanar
said his office received the decision from the Ombudsman last Friday
ordering Tupas' dismissal for graft. The dismissal order was among
those sent to the DILG office along with the orders to suspend Batangas
Gov. Armand Sanchez for corruption charges and for several other
local officials.
Andanar, who is still in Cebu attending the 12th Association
of Southeast Asian Nation's Summit, said he did not know of the
details of the case against Tupas because he left for Cebu on Thursday.
"We will come out with our implementation order based on the
Ombudsman decision on Monday," Andanar said in a telephone interview.
Virginia Palanca-Santiago, Deputy Ombudsman-Visayas said she
did not know what case was the basis for the dismissal order against
Tupas.
"The governor has many pending cases and we had forwarded
our findings and recommendations to our central office, which is
the one that announces the findings," Santiago said in a telephone
interview. She refused to give the details of the cases because
several of them are still under investigation.
Tupas said he will accept a copy of the Ombudsman's decision
if it served at his office but not a dismissal order.
He also said he will not vacate his post because, under the
rules of the Ombudsman, he is given 15 days to file a motion for
reconsideration. He said he has also the option to question the
order in court by filing for a petition for review.
Tupas said the dismissal is a case of "political persecution
and harassment" because of his close association with former Senate
President Franklin Drilon.
The two, along with the Drilon bloc in the Liberal Party, broke
ties with President Macapagal-Arroyo and called for her resignation
on July 2005 at the height of the political crisis stemming from
the allegations of electoral fraud in the 2004 elections against
the President.
He said the administration also resorted to this move because
it could not field any candidate to run against him in the May elections.
The governor blamed Justice Secretary Raul Gonzalez, a staunch
ally of the President, for instigating the dismissal order.
"He (Gonzalez) wants to lord it over the province as well
because he already is in control of Iloilo City," said Tupas.
Gonzalez denied any knowledge of the order.
"Why blame me? It was the Ombudsman who issued the decision,
not my office. There's no logic there," said Gonzalez in a telephone
interview.
He admitted that he created a special investigating committee
to look into graft allegations against Tupas related to contributions
to activities of the board member's league in the region two years
ago. But he said it is the Ombudsman that issues the decisions on
such cases.
Andanar said the order will be issued by DILG Secretary Ronaldo
Puno and will be implemented by the agency's regional office in
Iloilo City.
But provincial administrator Manuel Mejorada said they received
reports that Puno will serve the order.
Andanar said they will still study the implementation of the
order against Sanchez, but the one against Tupas is not covered
by the election ban on sanctions against elective officials because
it involves dismissal from office.
Section 261 of Article XXII of the Omnibus Election Code (Batas
Pambansa Blg. 881) forbids the suspension of elective officials
during the election period which started yesterday until June 13.
Andanar said Tupas will "only add to his problems" if he refuses
to comply with the dismissal order. "He will be liable for obstruction
of justice."
Tupas is in his second term of office and has announced that
he will run for a third term in the May elections.
He belongs to one of Iloilo's political clans. He served for
three terms as congressman before he became governor.
His son, Raul, is the mayor of Barotac Viejo town, while another
son Niel Jr. is a member of the provincial board. Iloilo Representative
and opposition leader Rolex Sulpico also his nephew.*NPB
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