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Mariano Carrasco

THIS legal conflict at city hall, as to who should be recognized as mayor after the Ombudsman order dismissing the mayor and after the vice mayor had been sworn in, is an old and tired story. Many similar conflicts of the same nature have occurred in the past involving governors, mayors, congressmen and other officials.

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It was a predictable conflict of legal opinion, but also an avoidable one if only Congress had passed a law definitely declaring that in a situation like that, the matter should be resolved in one definite and socially beneficial way.

It was also avoidable if the Court of Appeals issuing the restraining order had been more specific as to the effects and extent of said order since they knew so well that that kind of trouble or conflict in legal interpretation was forthcoming. But sad to say, Congress and the Court of Appeals have been lacking in this regard.

The legislature should pass a law stating that in a situation like this where the Ombudsman or judicial body has issued a dismissal order, that either the executive should continue to perform his functions if a motion for reconsideration or appeal has been filed and despite the swearing in of the new executive, or the new vice mayor or executive shall assume and perform the mayoral tasks despite the motion for reconsideration or appeal. That’s it, that will eliminate all the legal cobwebs, and the city hall employees will continue to function, receive their salaries, and be able to serve the public without interruption.

One thing works for the incumbent mayor though. He was voted into office by the people, and under the law, that popular voice should carry more weight in case of doubt or conflict of legal interpretation.

The massacre at Paris is horrifying, much more horrifying than the other massacres inspired by extreme religious fanaticism. But this one, this massacre in France, comes at a time when millions of refugees and migrants are coming into Europe from different Middle Eastern and North African countries, mostly in search of a better and peaceful life. Now, the millions of migrants would be rejected and ostracized, and we could imagine the pain, anguish, misery, homelessness, the rain and burning sun, the hunger and rejection that they would be suffering from. They had crossed perilous seas where many have drowned, and walked thousands of miles, sometimes on bare foot, and now most of them will be turned back home to face the bloody wars and perhaps die in extreme misery. Sometimes, we can just wonder: what has come to this world? What sad fate has befallen us?

Good for us here, now at least. We can still have a good night’s rest, enjoy the sunshine, stroll at the malls, make “tsismis” or “pulutan” out of the legal conflicts at city hall and seemingly interesting triangular mayoral fight in Cagayan de Oro, and wish each other well this coming Christmas and New Year!

 (Mariano B. Carrasco is a lawyer based in Cagayan de Oro.)

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