Friday, October 06, 2006 Guv may face raps before Muslim court
DAVAO del Norte Governor Gelacio Gementiza may face charges before the Shariah Court for failing to appoint a Muslim sultan to the Tagum City Council despite nomination by top leaders of the Lakas-CMD.
In a television interview, Sultan Rajah Acas Jaime "Jimmy" Maug said if the charges he filed against Gementiza would not prosper in the Regional Trial Court, then he will file charges before the Muslim court.
Maug said Gementiza's action, or inaction as in this case, is a big slap to the Muslim community considering his position as a sultan.
Maug had filed several administrative and criminal charges against the governor before the Ombudsman and local courts after Gementiza did not appoint him to the City Council and instead appointed his sister-in-law, Lani, to the post.
In his complaint, Maug said Lani's appointment is void and illegal since it was done without the nomination of the highest official of the political party to which the appointee belongs.
Section 45 (b) of the Local Government Code clearly stipulates that in case of an appointment such as the one mentioned above, "a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non."
This means that without the nomination from the highest official of the political party the appointment could not be enforced and is void from the very beginning.
Lakas-CMD head Jose de Venecia Jr. had nominated Maug for the City Council vacancy, but Gementiza instead appointed Lani.
The law further states that, "an appointment without such nomination and certification shall be null and void and shall be a ground for administrative action against the official responsible therefore."
This could mean that aside from being void, the appointing official (Gementiza in this case) could also be charged administratively and be dismissed from office.
Latest complaint filed by the sultan is reportedly libel after Gementiza was quoted as saying that Maug has a pending warrant of arrest, which Maug denied.
Gementiza still refused to give any comment on the matter. (BOT)
