They won’t resign
By Linette C. Ramos, Allan I. Varquez, and Oscar C. Pineda
Wednesday, February 24, 2010
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CEBU City vice mayoral candidate Joy Augustus Young will give up his contract as the mayor’s consultant on education only when the Supreme Court (SC) ruling becomes final and executory, and only if it covers consultants of local government units.
On March 20, he will also resign as a member of the Metropolitan Cebu Water District (MCWD) board.
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In a phone interview yesterday, Young said he believes that he is not covered by the SC ruling because he is not an appointed official. His services to the City, he said, are covered by a contract only.
Candidates in Lapu-Lapu City, like Department of Interior and Local Government (DILG) Undersecretary Lito Ruiz and Mayor Arturo Radaza’s nephew Harry, who has been Lapu-Lapu City Hall sports commissioner for the last nine years, said they are willing to resign.
“I’ll resign and I will offer my service to the City as a volunteer,” Harry said.
Ruiz, for his part, said that after he filed his certificate of candidacy, he tendered his resignation from the DILG, but he was advised by Malacañang to withdraw his resignation after the SC came out with its ruling last Dec. 1.
Kabanay
Mandaue City Special Projects consultant and the mayor’s cousin-in-law Edmund Sanchez said he does not need to resign from his post since he does not have any formal appointment and is not getting paid by the City Government.
“I am a member of their so called Kabanay Inc., who helps Mayor Jonas Cortes’ administration without receiving anything in return from the city,” Sanchez said.
The SC en banc the other day overturned its earlier ruling that allowed appointed officials to pursue their bids without leaving their positions.
It said appointed government officials running for public office in the May polls are now considered automatically resigned.
In a TV Patrol report last night, SC Court Administrator Midas Marquez warned appointed officials that the refusal to vacate their posts could be a ground for their disqualification from the race.
But in his news conference yesterday, Osmeña said that in the event the ruling becomes final, Young will cease to be a consultant “only in paper.”
Like Young, he also believes the rule does not cover consultants and affects only those who are working for government in a permanent position.
“Joy Young is just a consultant. He doesn’t have any executive powers... But we will respect the decision. Anyway, nothing can prevent him from looking at our documents as an observer, but I cannot pay him,” the mayor said.
Free
He said that he will respect the SC decision, but nothing can stop him from asking Young for advice regarding education matters.
This time, however, the City will not be able to pay him for his services, the mayor said.
As the consultant for education under the Office of the Mayor since 2004, Young receives a monthly honorarium of P18,000.
He has been actively involved in the construction of school buildings, curriculum development and hiring of teachers for the City Schools Division.
Lawyer Marchel Sarno, Cebu City election officer for the north district, said the rule includes all those serving the government but were not elected into office.
“Consultants are covered because they are appointed officials. The question is whether or not it will become final and executory before the elections,” he said.
Credibility
Sarno said, though, that he does not believe that Young can use his influence on public school teachers who will serve during the May 10 elections to his and his party’s favor since the machines will be counting the votes cast.
Osmeña said he will always consider Young a consultant because he’s a knowledgeable person.
“He has a constitutional right to give his opinion and I have my constitutional right to consult him, although legally, I can’t pay him. So we will continue it that way because what I am doing is basically in the interest of public service and the continuity of the programs,” the mayor added.
Ruiz and Harry, for their part, said the SC’s flip-flopping would raise questions on the High Court’s credibility.
“Supreme, that means the highest court in the land… if it keeps on changing its own decision then people will start losing faith in the institution,” Ruiz said in Cebuano.
“Naunsa man nang SC oi… dili man magklaro (Its actions are unclear),” said Harry.
P1 a year
Ruiz, who is with the Nacionalista Party, is challenging Mayor Radaza in Lapu-Lapu City’s first congressional race. Harry is in the councilorial line up of his uncle’s wife Paz, who is Lakas-NUCD-Kampi’s bet for city mayor.
Sanchez, who is running for a provincial board post, is the son-in-law of Dr. Ariston Cortes Jr., the uncle of the mayor.
Since he does not have a formal appointment, Sanchez said he is not covered by the ruling.
Sanchez said the mayor intentionally designed the set-up to avoid repeating the mistakes of the previous administration wherein the mayor’s family members were appointed to City Hall posts.
He alleged that while they were paid only P1 a year, they enjoyed perks, like trips to Manila, and were provided with service vehicles and drivers by the City Government.
“We don’t enjoy anything, not a single centavo,” said Sanchez.







