IN her Facebook account, opposition Councilor Jocelyn “Joy” Pesquera claimed that the Bando Osmeña-Pundok Kauswagan (BOPK) tried a “political maneuver” by nominating a stalwart to replace resigned councilor Hanz Abella, who was appointed commissioner of the 7th division of the National Labor Relations Commission (NLRC).
Pesquera said the BOPK recommended Rengelle Pelayo, former president of the Cebu City Sangguniang Kabataan (SK), to replace Hanz through former vice president Jejomar Binay, chairman of the United Nationalist Alliance (UNA). Hanz belonged to Team Rama, UNA’s local party affiliate, when he filed his certificate of candidacy in last year’s elections. He later joined the BOPK.
With Hanz’s resignation, BOPK has become the minority. Maintaining BOPK’s dominance in the council is vital in pushing for the administration’s legislative agenda.
Pesquera said BOPK leaders approached Sen. Manny Pacquiao, a friend and former party mate of Binay, as go-between. They hoped Manny could convince Binay to sign Pelayo’s nomination and then endorse it to the President through the Office of the Executive Secretary. But sources said Binay declined to sign the document saying that the nomination should come from Team Rama.
Actually, everything depends on Binay. If he turns his back on Team Rama headed by “has-been” Mayor Mike Rama, why not? As chairman of UNA, he has the sole authority to nominate Hanz’s replacement.
Under Section 45, paragraph (A), sub-paragraph (1) and paragraph (B) of Republic Act 7160 otherwise known as the Local Government Code, permanent vacancies in the Sanggunian where automatic successions already provided do not apply shall be filled by appointment in the following manner: (1) The President, through the Executive Secretary in the case of the Sangguniang Panlalawigan and the Sangguniang Panlungsod of highly urbanized cities and independent cities.
Paragraph (B) states: “Except for the Sangguniang Barangay or the nominee of the political party under which the Sangguniang member concerned had been elected and whose elevation to the position next higher rank created the last vacancy in the Sanggunian shall be appointed in the manner herein above provided. The appointee shall come from the same political party as that of the Sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office.
“In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall null and void ab initio and shall be a ground for administrative action against the official responsible therefore.”
Minaru ning gihimo sa taga BOPK. Wala sila mauwaw bisan nahibalo sila sa balaod. Nagpagoryo-goryo sila. Aw, hinuon, basin makalusot diay.
Published in the SunStar Cebu newspaper on September 20, 2017.
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