Monday, February 19, 2007 Dismissal of admin raps v. city execs seen due to poll ban By Rimaliza Opiña
THE election ban might spare Davao City officials from the hassles of answering the administrative complaint filed by the pay parking firm Jadewell before the Office of the President (OP).
City Attorney Melchor Carlos Rabanes, in his motion to dismiss the complaint against him, said the OP "does not have jurisdiction to hear the administrative complaint against him."
Stressing that the 1991 Local Government Code (LGC) bars the conduct of an investigation versus local government officials 90 days prior to and after elections, Rabanes said this is a ground for dismissal.
"The present proceedings are now forbidden and the present complaint should be dismissed," Rabanes, acting Mayor Reinaldo Bautista Jr., acting Vice Mayor Leandro Yangot Jr. and Councilors Rocky Thomas Balisong, Faustino Olowan, Federico Mandapat Jr., Antonio Tabora Jr., Rufino Panagan, Edilberto Tenefrancia, Galo Weygan, Perlita Chan-Rondez and Jose Molintas said in their motion to dismiss.
Jadewell has accused the city officials of misconduct, oppression, and abuse of authority for repealing Ordinance 3-2000 and for rescinding the pay parking memorandum of agreement.
Indirect contempt charges were also filed before the Supreme Court (SC) for the same case. But the respondents asked that the complaints be dismissed on account that Jadewell is committing forum shopping when it cited in its petition for contempt SC decisions that do not apply to the case.
Rabanes and lawyer-councilors also asked the SC to dismiss the petition to disbar them, saying Jadewell's filing of the petition does not adhere to the rules prescribed by the Rules of Court.
