Friday, August 29, 2008 Silay councilors charged for market 'repainting'
SILAY City Mayor Jose Montelibano and 13 others, including eight City Council members, were sued before the Office of the Ombudsman for the Visayas for allowing a private company to freely advertise its product in the repainting of the two public markets.
"In causing the painting of the two public buildings with the color and brand name of Coca-Cola...respondents have subjected the City to shame and ridicule," said an affidavit of complaint filed by Jojo Sumiller and Jose Lindy Chan, residents of Employee Subdivision in Barangay Mambulac, Silay City.
"Silay City used to be the provincial center of arts and culture and dubbed as the 'Paris of Negros' but now, it is derisively called by many as 'Coca-Cola City' because its two public market buildings look like two cases of Coca-Cola," the complainants said.
The sworn complaint before Silay City Prosecutor Ma. Lisa Lorraine Atotobo dated August 12 was received by the Office of the Ombudsman based in Cebu last August 15.
Aside from Montelibano, included in the complaint are Vice Mayor Mark Andrew Arthur Golez, councilors Jose Raymundo Locsin, Michael Maravilla, Ramon Jison, Warlito Go, Rosalinda Caja, Joedith Gallego (ABC representative) and April Grace delos Reyes (SK representative), OIC market supervisor Giovanni Guzon, OIC general services officer Pepito Hechanova, OIC city engineer Sonia Cordero, Commission on Audit state auditor III Benedicta Pagunsan and Coca-Cola Bottlers Philippines, Inc. Bacolod City Plant sales manager Agustin Gatuslao.
Montelibano and Golez said they have yet to receive a formal copy of the complaint, thus they cannot give their respective official comments.
The complaint said sometime from November to December last year, "Montelibano, with the active participation, indispensable cooperation or culpable toleration of other respondents, caused or otherwise permitted the painting of large and numerous parts the two public buildings with a dark shade of red, which is an advertising color of Coca-Cola and also caused or allowed to be painted the brand name 'Coca-Cola' all over the two buildings."
"In doing so without the prior formal approval or consent of the City Council, Montelibano committed an ultra vires act or an act which is beyond his powers as city mayor..." the complaint added.
The complaint said the city councilors were also aware of the "illegal painting of the two market buildings yet they willfully blocked, by voting in the negative, a resolution which sought to create an Ad Hoc Committee to look into the repainting of public markets I and II.
A source, however, said as per "Section 61 of the Local Government Code, it is beyond the power of the SP to investigate an elective official aside from an elective barangay official" concerned.
The other City Hall officials were included in the complaint allegedly due to their failure "to perform their respective functions pertaining to the public markets." (CGC)
