Vallehermoso Mayor Joniper Villegas refused to vacate his office despite the order from the Office of the Ombudsman-Manila suspending him for six months and one day, without pay, as of yesterday, Jan.15.

DILG provincial director Jofralito Lorico failed to remove bodily Villegas because he barricaded the premises and prevented him and other officials from entering the municipal hall.

However, Governor George Arnaiz told Provincial Attorney Erwin Vergara to implement the order and let Vice-Mayor Buenaventura Ollandas take his oath of office as Mayor and assume immediately the office of mayor in an acting capacity while Villegas, "temporarily legal incapacity subsists".

Villegas was found guilty by the Ombudsman of "excessive abuse of authority tantamount to oppression to terminate her municipal employee Adelie Serion, records officer III, out of service". Vergara said, Villegas will file a motion for reconsideration on the decision of the Office of the Ombudsman-Manila within five days, praying for the reversal of the decision of the Ombudsman-Visayas.

That is why the incumbent mayor would not vacate his posts, he added.

Villegas argued in his motion for reconsideration addressed to Sec. Puno, that the directive falls within the prohibition of Section 261 paragraph (x) of the Omnibus Election Code, barring the suspension of any elective provincial, city, municipal or barangay officer during the election period without prior approval of the Commission on Election.

However, Vergara said the filing of the motion for reconsideration does not prevent the governor and the DILG officials from implementing the suspension order issued by the DILG Secretary Ronaldo Puno. He should have filed directly with the Supreme Court, asking for a Temporary Restraining Order to prevent the implementation of the order.

Acting swiftly on the order, Arnaiz installed the acting mayor yesterday, but did not evict Mayor Villegas inside his office.

Villegas has yet to file his Motion for Reconsideration or a Petition for Certiorari within the period provided by law.*RG

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