Sunday, June 24, 2007 Cabaero: What’s your time zone? By Nini B. Cabaero Beyond 30
THE terms of office of those elected in the May 14 elections begin a week from now. At exactly noon of June 30 (Philippine time), the old terms expire and the new terms begin. Yet, some officials apparently live in a different time zone or simply could not wait.
The Local Government Code provides for the term of office of local elected officials. It states that "the term of office of all local elective officials after the effectivity of this Code shall be three years, starting from noon of June 30."
But we have elected officials in Cebu and in other parts of the country, under which we live in only one time zone, taking their oaths of office way ahead of the June 30 timeframe.
Take the case of reelected Lapu-Lapu City Mayor Arturo Radaza. He may have been excited to take his oath of office because it meant not only his reelection but the dissolution also of the administrative charges filed against him.
Radaza said he wasn't in a hurry to reassume his post but he has all the legal reasons to retake his seat at the Lapu-Lapu City Hall. Radaza is under a six-month suspension pending investigation into the alleged massive overpricing of decorative street lamps put up in time for an international summit here last January.
Radaza cited the Aguinaldo Doctrine, known in legal rulings as the principle that erases administrative liability of a public official once he or she gets reelected.
It's not only Radaza. Other officials are taking their oaths early although they knew their terms would begin this Saturday noon yet.
Radaza took his oath before President Gloria Macapagal-Arroyo last Thursday when she was here on an official visit. With Radaza were other elected officials of Lapu-Lapu City and those of Eastern Samar. Presidential Management Staff Chief Cerge Remonde said there was nothing political with the oath-taking. It was simply a case of the President being in Cebu and local officials taking advantage of her presence. Remonde said the President granted the request because her schedule allowed it.
While Radaza and Lapu-Lapu City and Eastern Samar officials had their oath-taking early, others would prefer to take their oaths late or twice.
Cebu City officials, reports said, are planning to hold two oath-taking ceremonies. One would happen at noon of June 30, as provided by law, and another would take place in the evening during a dinner affair to celebrate their election. Cebu Provincial officials too would have their own event, also on a different time.
What the law requires was for the new terms to begin at noon of June 30. It does not require a celebration or a dinner event with selected guests as witnesses.
The law on terms of office is there for a purpose. If officials cannot abide by even this simple timeframe, they could find ways of ignoring or going around other legal provisions as well.
Ignoring the Local Government Code provision on when the new terms of office begin would be a bad way to start a stint in public office.
