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Monday, July 25, 2005
Ex-vice mayor: Council cannot touch Ocon case
By Danilo V. Adorador III
Correspondent
THE City Council Blue Ribbon Committee has no jurisdiction over the grave misconduct case slapped against opposition councilor cum broadcaster Zaldy Ocon.
Noted opposition lawyer Antonio Soriano said this, even as he offered the fiery broadcaster legal services should the case materialize in the City Council.
Valencia City Mayor Jose Galario Jr. has formally filed last week an administrative complaint against the lone opposition councilor for "grave misconduct" after the two figured out in an on-air verbal skirmish last July 5.
"Zaldy Ocon did not commit any grave misconduct as alleged because he made those comments (against Galario) in the performance of his duty as a broadcaster, not as a public official," Soriano said.
Soriano defended Councilor Ocon's stinging remarks against the Bukidnon mayor, saying the councilor made the statements "in defense of press freedom."
"If Mayor Galario was offended of the remarks, then he should file his complaints in the proper venue, in this case the KBP (Kapisanan ng mga Brodkaster ng Pilipinas)," Soriano said.
But this early, Soriano has already anticipated a worst case scenario in which Ocon may be suspended by the blue ribbon committee.
"This is politics, anything can happen so you have to anticipate things," Soriano said without elaborating.
"If that worst case scenario happens, we will either be compelled to ask the court for a temporary restraining order or appeal the case before the DILG (Department of Interior and Local Government)," Soriano said.
Malicious
Galario, who personally appeared the before the City Council to file his complaint, accused Ocon of hurling unprintable words against him and issued varied accusations that "besmirched" his reputation.
"The tenor, innuendos, gist and the context of his pronouncements directed against my person and officials position are clearly malicious and designed to put me in shame," Galario said in his affidavit.
In an interview over at dxIF Bombo Radyo, Galario said he was distributing PhilHealth cards along with Governor Jose Maria Zubiri when he received the phone call from Ocon prior to his tirades.
"I'm not against ambush interviews but media outlets should be responsible when they interview other people and get their sides on the story," he said.
Both dxIF Bombo Radyo and Radio Mindanao Network-dxCC are rival stations. Galario had previously effected the exit of one woman broadcaster who had been critical of him after he allegedly threatened her outlet with closure.
In his radio interview Galario also reportedly threatened to close down the RMN station in Valencia City.
Ponderance of evidence
The councilor, Galario said, also displayed him as "darker than a tar coal (ngitngit ka pa sa alkitran)," and "blacker than soot (itom ka pa sa anoos)."
Ocon also reportedly imputed upon the mayor "an imaginary vice or defect," by hinting that Galario was homosexual.
"Ayaw pagbinayot Mayor Galario...kay kini nga mga binuhatan susama niin murag binayot (Do not be a sissy Mayor Galario...these acts of yours are like the acts of a gay person," the councilor reportedly said.
Ocon's alleged remarks, Galario said, "put my honor and person in disrepute."
Galario also filed separate sedition and libel raps against the broadcaster in Valencia City. Ocon also reportedly challenged Galario to a duel and implicated him in the series of killings of suspected drug pushers in his city.
Ocon in his Kuskos Batikos program over dxCC RMN said Galario's accusations should have been brought before the courts.
"The City Council has nothing to do with this, mayor," Ocon told Galario in his radio program.
Unlike the courts which render decisions "beyond reasonable doubt," the blue ribbon committee decides based on the "preponderance of evidence" in cases lodged before the body.
Ocon could face suspension if proven guilty by the committee.
(July 25, 2005 issue)
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