Friday, May 09, 2008 Seares: When a councilor lawyers By Pachico A. Seares News Sense
IN the strict sense of the Local Government Code, Cebu City Councilor Gerry Carillo may not have violated the law in defending Regan King and his multimillion-peso rice shipment.
NBI seized the rice on suspicion there was hoarding and on the belief the warehouse wasn't NFA-accredited.
King hired Gerry to quash the search warrant and free the shipment. And the councilor succeeded in foiling the NBI-NFA move.
The code allows a lawyer councilor to serve as counsel except when (a) in a civil case, an LGU or a government office or agency is the adverse party, or (b) in a criminal case, the accused is a government official or employee charged with an office-related offense.
Regan's plea was a special proceeding, not a civil case, Gerry says, in that lawyerly fashion of spotting a tiny crack for client to squeeze out of the law's confines.
Technicality
On technicality, Gerry can fend off an ombudsman threat to investigate. A restriction is strictly interpreted in favor of the person being restricted.
It doesn't mean, however, the councilor isn't leaving some bad taste in the public mouth.
People expect him to stand on the side of Government and on their side, not on the other side battling against two agencies helping protect the nation's food security.
Not long ago, Gerry interceded for shop owners caught allegedly selling fake brand goods, asking that they be released for the weekend. Later, he tangled with police when he didn't surrender his clients on time.
Call it an image thing but public perception is what makes people wonder if they decided wisely in voting a lawyer to public office.
