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Friday, November 05, 2004
Ocon gets boot, may face 30 extra days
By Stephen Capillas
* RTC Branch 20 to decide on status quo order, TRO petition
* Criminal charges mulled; Ocon threatens to file raps against admin council
A SIMPLE roll call and a clarification by Councilor Alfonso Goking may have served as a portent of things to come as far as future working relations between opposition Councilor Zaldy Ocon and the administration councilors is concerned.
This comes even as Regional Trial Court Branch (RTC) 20 presiding judge Gregorio Pantanosas is scheduled to decide on Ocon's petition for a temporary restraining order (TRO) on the 30-day suspension imposed on him by the council.
A brief verbal altercation ensued in yesterday afternoon's special session when Councilor Goking approached the rostrum and questioned Ocon's presence at the session area saying the radioman-broadcaster is still suspended.
And in last night's edition of dxJR's "Barangay S" program hosted by Susan Palmes, a somber-faced Ocon reiterated that he has every right to attend Thursday's special session being an elected official.
"Can a member of the council who is suspended attend the sessions?" Goking asked to which Vice-Mayor Michelle Tagarda-Spiers responded by saying Ocon can attend but won't be recognized by her as presiding officer.
This prompted a visibly agitated Ocon to stand up and walk straight to the rostrum to issue his own response.
But he was only cut off by the vice-mayor who declared that as presiding officer she isn't recognizing him at the time.
Ocon however was undeterred and showed off a copy of the status quo order issued by Judge Pantanosas to reiterate his point that he can attend and participate in the council session.
'Martial law'
However his appeal was ignored by Tagarda-Spiers who told him to sit down. "I won't sit down!" Ocon hollered.
Tagarda-Spiers then told Ocon to "please read Article 15 of the House Rules," to which he responded by saying "I have read that Article 15 of the House Rules."
The vice-mayor then ordered a police officer to escort Ocon out of the session hall and the councilor then addressed the officer who approached him from behind by saying "Don't follow an illegal order."
The councilor then warned that he will file charges against the officials and then bellowed, "Oh my God this is martial law!"
He then headed before his seat but not before the council's majority floor leader Edgardo Cabanlas stood up, went near Ocon and barked "Gawas na (Get out)."
Ocon then went back to his seat and said "Thank you madam presiding officer" before walking out with a police officer escorting him.
Noticeably absent after Ocon's exit was Councilor Alvin Calingin who earlier appealed to colleagues to extend due process to Ocon.
However he texted Sun.Star Cagayan de Oro that he was "attending a People's Law Enforcement Board (PLEB)" hearing.
Off the record
Later Councilor Jose Benjamin Benaldo moved that the council extend Ocon's suspension for another 30 days saying that the opposition councilor's behaviour was "shocking and unruly."
He also mentioned about the spate of reports accusing the council of not giving due process to Ocon and explained that they haven't deprived him of due process.
He said he wants to clear the air of these accusations and recounted that under the US constitution depriving a person of due process also precludes denying him/her of life, liberty and property.
"Are we depriving him of these things? Did we prevent him from speaking out on the P100 million loan controversy over the air. Did we confiscate his homes, his car? A US case stresses that public office isn't a property," he said.
He also cited former President Jose P. Laurel whom he said didn't even specify what the mechanics for due process are and added that a formal notice of hearing that was issued to Ocon would suffice.
"Maski Grade I makasabot kung unsa man ang suspension. Dili mo-sink sa iyang hunahuna (Even a Grade I student knows what a suspension is. This probably didn't sink into his mind yet)," he said.
The councilor said Ocon's behaviour and statements have tainted the council's integrity and asked that his comments be stricken off the record.
Scandalous behavior
However Cabanlas cautioned against removing Ocon's statements off the record by saying that this could be used against the opposition councilor whom he said "ran amuck" earlier in the session.
He asked that the City Legal Office study plans to file criminal charges against Ocon saying the latter disrupted yesterday afternoon's session.
In response Tagarda-Spiers said ordering Ocon out of the session hall is within her authority and prerogative as presiding officer, adding that she did so because of Ocon's "scandalous behaviour."
Later in the "Barangay S" program Ocon said the council should not claim that he received the notice of suspension since he was at the court at that time seeking redress for his case.
"They reasoned that I didn't make any appeal," Ocon told Palmes in Visayan even as he pointed out that he has every right to attend Thursday's session.
"Ang akong gipangutana sa katawhan makatarungan ba kining gihimo sa ako? (I ask the public were they just in doing this to me)," he said.
Ocon said the police officer who escorted him out wasn't assigned at City Hall.
He also reiterated that he will file charges against the council in this regard.
"I do this for the sake of the people. Ang akong kinabuhi nasa peligro. Murag gibuang sila pero dili ko motuo nga binuang sila (My life is in danger. Looks like they acted foolishly but I don't think they're foolish)," he said.
(November 5, 2004 issue)
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