Wednesday, April 18, 2007 Dads ‘abandon' duties By Rimaliza Opiña
THE City Council failed to tackle vital issues in Baguio Tuesday following opposing views on whether some of them are still considered Council members with their filing of certificates of candidacy.
Some councilors instead decided to seek "expert" opinion on whether they could still be considered incumbent officials or if they are considered resigned from office following their filing of COCs.
Councilor Faustino Olowan raised this issue minutes after Acting Vice Mayor Leandro Yangot Jr. called to order their regular council session Tuesday afternoon.
Olowan said as per the opinion of a retired Supreme Court judge, he as well as colleagues who are seeking higher positions in the May 14 elections should be considered resigned.
But Councilors Perlita Chan-Rondez and Erdolfo Balajadia argued that a mere opinion could not be used as basis for them not to proceed with their regular session.
"It's just an opinion. There is a presumption of regularity (in the performance of our duties)," Rondez explained.
"It is not decisive," Balajadia added.
Yangot, on the other hand, recalled that during his incumbency as representative of the Association of Barangay Council, Council sessions were still held.
But Councilors Daniel Fariñas and Federico Mandapat Jr. argued that to avoid legal questions, it is better to seek the opinion of the Department of Interior and Local Government before continuing with their sessions.
Among critical issues that the City Council were supposed to discuss were several petitions for the opening of a jeepney line at Irisan and Asin Road; approval on third reading amendments to the Comprehensive Traffic and Transportation Ordinance; discussion of the unpaid rentals and unfulfilled promises of the developer of Camp John Hay as well as approval of the creation of a Camp John Hay Task Force;
Approval on third reading the ordinance that provides assistance to those afflicted with Aids; and the support of a jeepney association on the proposed multi-level parking.
Some personalities were also invited to appear before the Council to discuss issues on the plight of persons with disabilities and the excavations along Naguilian Road.
City Administrator Peter Fianza, who also teaches election laws, meanwhile said Section 38 of the Commission on Election’s Resolution 7767 or the Implementing Rules and Regulations of Republic Act 9006 (Fair Elections Act) has set aside Section 67 of the Omnibus Election Code, which considers candidates holding elective office effectively resigned upon the filing of their COCs.
Promulgated on November 30, 2006, Section 38 states: "any elective official whether local or national, who has filed a CoC for the same or other office shall NOT be considered resigned from office."
But Olowan, who declared that he considers himself resigned, continues to receive his salary and uses his office at City Hall to receive guests.
