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Issued At: 5:00 a.m., 02 December 2009

  Northeast Monsoon affecting Northern and Eastern Luzon and Eastern Visayas.

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Partly cloudy to at times cloudy with isolated rainshowers
21°C to 32°C
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Lotto Results 12/1/2009
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Valdehuesa: Desertion, Dereliction of Duty

Manuel E. Valdehuesa
Street Talk

THE government of Cagayan de Oro City has a dysfunctional legislature. No sooner did its second highest official take his oath of office two years ago than he trashed his job description, which states that it is his duty to preside over the City Council.

Vice Mayor Vicente Y. Emano has proved to be a slacker and a failure as the city’s chief legislator.

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Except for his appearance at its opening session and one other time when he stayed a few minutes, never has he performed his role as presiding officer of the City Council. Out of 100 sessions, he was absent in 98 of them. And it looks like he will continue to be a dropout.

Thanks to him, all sessions of the Council are presided over by an ad hoc designee for the day -- a mere councilor, an official who was not elected for that role except on occasions when the official presider/vice mayor is indisposed or otherwise incapacitated.

To avoid doing his duty, Vice Mayor Emano declares himself “incapacitated” and everyone except the opposition takes his word for it.

Here’s how he plays it: Before each session, he designates one lucky councilman to chair it, citing inability to preside. To duck his job, he tells the designee that “I will be attending to other official matters of equal importance demanded by my office.”

That’s the canard he stated in all of the 98 sessions in where he has played hooky. And the councilmen, including its hotshot lawyers, actually let him get away with it although they can’t, or won’t, explain what “official matters” are involved or how such matters can supervene high official’s mandated obligation.

Unfortunately, except for the three who belong to the minority, the councilmen are his die-hard sycophants, beholden to him as their party Boss. They hail him for the favor and privilege to sit on his chair. And they never tire of justifying his recidivist behavior.

Only last month, dozens of city hall employees were suspended or relieved for chronic tardiness or absence; but no one so much as dares to raise an eyebrow over this mendacious dereliction of duty.

The councilmen view their designation as a rare opportunity to learn and practice presiding. (“Hey, you never know, I might become vice mayor someday!” Something to that effect.) It’s an opportunity for which they are grateful to their phantom chairman.

Is it possible they’re unaware of the consequences of this irresponsible, recidivist act?

They are accomplices to the crime of depriving our city of the services of one who ran and was elected to head its legislature. As the people’s representatives, it is not in their purview to abet his betrayal of a public trust.

To the vice mayor’s derelict behavior, they add their own and thereby cause a dysfunction in the system. They disable one leg of the governing tripod that consists of the executive, legislative, and judicial branches.

Thanks to them and to their patron, the government of the city of Cagayan de Oro has a leaderless legislature. It is on autopilot. The head legislator refuses to contribute to the legislative process.

In failing to show up, he shows that he was insincere in running for the post and is unfaithful to his oath of office. Or worse, he shows that he is incapable of doing or incompetent in his duties. He is dishonest and, thus, unfit for public office.

This is a serious breach of the social contract that binds him and the councilmen. In other societies, this willful and flagrant failure would be ample cause for resignation or expulsion. But it is a measure of his sense of honor or manhood that he shamelessly indulges in the perks of an undeserved office.

As if that were not bad enough, he adds insult to injury by holding court at the broadcast station of Radyo ng Bayan for interviews on the very morning of the Council’s regular session. He shows contempt of the law that obligates him to attend the session. Getting himself interviewed is official business of equal importance!

But that’s not all. Even as he shirks his duty, he collects full salary, allowances, and benefits; he is served by two highly paid “secretaries”; and he enjoys other amenities including services and facilities for his party’s membership seminars.

This raises an inescapable question: Is he simply corrupt but untouchable, or is he in control of the city government instead of the mayor?

On Tuesday, 9:30 a.m., drop in for a spell at the City Council and see how a leaderless legislature operates. And yes, witness how a vice mayor can incur his 99th absence as presiding officer – and, with support from your councilors, blithely get away with it!

(Manny is a former UNESCO regional director for Asia and Pacific and vice chair of the Local Government Academy. E-mail the author at valdehuesa@gmail.com.)


Published in the Sun.Star Cagayan de Oro newspaper on July 3, 2009.