Monday, May 19, 2008 Pacaña’s consultant ‘no longer eligible’
CEBU City Council members last Wednesday turned down the request of colleague Arsenio Pacaña to renew the contract of one of his consultants.
Adopting the recommendation of the committee on laws, ordinances, public accountability and good government, the council said Marietto B. Sanchez is no longer eligible to serve as Pacaña’s consultant after his election as barangay councilor last October.
Public office
The council quoted Section 7 Article IX-B of the 1987 Constitution, which states that “no elective official shall be eligible for appointment…in any capacity to any public office or position during his tenure.”
And Section 94 of the Local Government Code of 1991 states that “unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.”
Dedication
The Supreme Court, in the case of Flores vs. Drilon in 1993, said the said section of the Constitution was expressed “so that a public officer or employee may serve full-time with dedication and thus be efficient in the delivery of public services.”
The committee on laws, headed by City Councilor Edgardo Labella, said Section 94 of the code, with its conditional clause, would not apply in Sanchez’s case, as supported by the Flores vs. Drilon case.
Adopted
Pacaña, who was present in last Wednesday’s session, accepted the council’s decision.
The council adopted Sanchez’s appointment last February, but there was question on its constitutionality because he won a barangay elective post last year.
To resolve it, the resolution asking for the renewal of Sanchez’s contract was referred to the committee on laws. (RHM)
