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Friday, August 23, 2002
City fails to get exemption from public works poll ban
By Gingging A. Campaña
CITING lack of authority, the Commission on Elections (Comelec) Manila denied the Cebu City Govern-ment’s request for exemption from the construction and public works ban during the Sangguniang Kaba-taan and barangay elections last July 15.
Emphasizing Comelec’s en banc resolution dated March 13, 2001, Comelec
Commissioner Rufino S.B. Javier, in his July 5 reply to then acting mayor Michael Rama’s May 31 request, said the Commission has no power under the Omnibus Election Code to grant exemption from the ban.
Although Javier did not categorically state that the ban is absolute, two Comelec lawyers said that since “no office is given the authority to grant any exemption, then the ban is absolute.”
Rama, in a separate interview, said it’s up to the mayor to decide but he cannot recall any project implemented when he was acting mayor.
(Mayor Tomas Osmeña was on sick leave for a general medical check-up in the US from March to June 17)
Rama said he only signed programs of works and estimates (POWE) for self-help projects.
“It would be a matter of checking if the projects listed were implemented during the election period. If those implemented were ongoing then there’s no problem. Basta aware na sila Engr. (Ruben) dela Torre that we have pending request,” he told Sun.Star.
To ensure continuous delivery of basic services to the Cebuanos, the City Government through Rama wrote then Comelec Chairman Alfredo Benipayo asking that the City be exempted from the ban so they could implement self-help projects in various barangays.
Rama cited in his letter, Comelec Resolutions 4780 and 4798 dated April 24 and May 23, 2002, regarding the prohibited acts during the July 15 synchronized SK and barangay elections.
But Javier said Comelec has no power under the Omnibus Election Code to grant exemption from the ban on release, disbursement and expenditures of public funds.
“Even Comelec Resolution 4798 does not contain any provision authorizing the commission to grant any exemption,” Javier’s letter read.
Rama then asked which office has the authority to grant the exemption.
Sun.Star tried but failed to contact Javier yesterday, but a lawyer from his office said the Comelec law department had said that the ban is absolute.
Also, in a separate interview, Comelec 7 Assistant Director Marshal Rubia speculated that the ban is absolute as promulgated by the Commission en banc last March 13, 2001 through Resolution 3757.
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