Suspension politically motivated, sans due process — Mayor Anarna

Silang Mayor Kevin Anarna on Friday said the recent preventive suspension order by the Office of the Ombudsman against him lacked due process.

"The preventive suspension order was imposed without us affording due process and opportunity to answer the charges. These charges were the subject of an audit observation memorandum issued on January 4, 2024, to which we replied on February 6, 2024. No response was given by the Commission on Audit (COA)," Anarna told reporters during a press conference held in Quezon City, 17 May.

Anarna assured the public that he would exhaust all available remedies to have his suspension lifted.

"As a lawyer, I am precluded from discussing the merits of our case under the sub judice rule. However, I have strong faith in our justice system to resolve these legal issues and I will not resort to trial by publicity," the mayor said.

The Office of the Ombudsman issued the suspension order a couple of weeks ago, saying there was strong evidence showing the respondents' guilt and their continued stay in office might prejudice the investigation of the case.

Anarna, along with bids and awards committee chairman Nathaniel Anarna Jr., was suspended for six months without pay over alleged anomalies in the purchase of flowers and other materials for the town’s fiesta celebration.

The two local officials were charged with grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

Addressing the complaint filed by Edgardo Bayan, Mayor Anarna said, "pursuant to an Ombudsman Order, we will file a counter-affidavit to answer Mr. Bayan’s complaint, which is based on concocted evidence. I assure you that the truth will prevail and our innocence will be established."

"It is important to note that the alleged anomalies were culled from AOMs. No less than the Supreme Court, in several cases, has stated that an AOM is not final but merely contains initial steps in the conduct of an investigative audit."

Anarna highlighted that all AOMs issued by COA have been answered, and the municipal accountant complied with the submission of all disbursement vouchers requested by COA.

"Moreover, under Section 1, Rule V of the 1997 Revised Rules of Procedure of the COA, 'an aggrieved party may appeal from an order or decision or ruling rendered by the Auditor.' Thus, the filing of the complaints was still premature considering that there are still available administrative remedies for the LGU of Silang, Cavite to contest the audit observations which were the basis of the complaints," Anarna explained.

Anarna also said the alleged P1.5 billion anomalous transactions that Vice Mayor Edward Carranza brought up, are allegations stemmed from audit observation memoranda (AOMs) issued by COA.

These allegations, according to Anarna, came from "former running mate-turned-detractor Vice Mayor Edward Carranza," which are obviously politically motivated.

"The first complaint initiated by Mr. Bayan, who has close links with former Mayor Poblete as his driver and close-in aide, is a clear indication that it is politically motivated. Mr. Bayan has no personal knowledge to allege the facts of the Silangueño Ball and the applicable law and jurisprudence."

He further pointed out that Vice Mayor Carranza's media pronouncements and social media posts claiming transparency are politically driven.

"The Vice Mayor should realize that he is coming out in the open to challenge me as Mayor and pursue his long-time dream of becoming the Silang Mayor. He is bullying his way to achieve his desire for power."

Mayor Anarna expressed his concern for the community affected by these political maneuvers. "I feel pain not because of the preventive suspension order and the complaints leveled against me and my brother. I bear the suffering of Silang constituents who are confused by the disruption in the delivery of public service."

He urged the public to see through these tactics.

"Malayo pa ang eleksyon. Ang totoong mandato ay makukuha natin sa halalan at hindi sa ganitong pamamaraan ng pangbu-bully at pangha-harass. Ito ay duwag na gawain at naamoy ng mga taga-Silang ang takot ng aking mga kalaban sa pulitika (The election is still far off. The true mandate will be achieved through the elections, not through such bullying and harassment tactics. This is cowardly behavior, and the people of Silang can sense the fear of my political opponents)," Anarna concluded.

"Despite these challenges, I remain dedicated to my duties as your Mayor. My primary focus is the welfare of our constituents and the continuous delivery of public services. I will continue to fight for what is right and just for the people of Silang," Anarna said.

Meanwhile, his lawyer, Atty. Isaiah Asuncion III, said the preventive suspension by the Office of the Ombudsman is just a measure and is not a penalty or punishment yet.