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Monday, October 24, 2005
Court decision does not apply to me: Briones
By Jay Dooma Balnig
"WHAT 'at risk'? Is there any petition against me?" Board Member Angel Briones said this in reaction to the news of Sun.Star Iloilo as regards to the comment of Barangay Captain Lorenzo "Boy" Castillano's group that the Court of Appeal's (CA) ruling is also applicable to him.
Castillano's group said, "The CA ruling will also be applicable to Briones and other third termer Liga presidents who continue to serve until today."
The CA ruling on City Liga President Marietta Orleans says, "Rescinding from the foregoing, private respondent cannot simply prevent the conduct of election for officers by asserting an existing legal right over the position she holds when it is clear non-exists. She should have realized from the very start that no one has a proprietary right to public office."
But Briones assailed the group's opinion. He added that the decision is not applicable to him as there is no petition for his removal from office and their term would last until year 2007 in a holdover power as stated in Republic Act 9340.
Briones said that the point raised by Castillano's group on the third term issue is not appropriate as the local government code or the Republic Act 7160 in Rules 29 Article 210 clearly states, "(d), Ex-Officio membership in the Sanggunian (2) They shall serve as ex-officio members of the Sanggunian concerned only during their term of office as presidents of the Liga chapters, which in no case shall go beyond the term of the office of the Sangunian concerned. (3) The incumbent presidents of the municipal, city and provincial chapters of the Liga shall continue to serve as ex-officio members of the Sanggunian concerned until the expiration of their term of office unless sooner removed for cause."
Briones said that on his part, the theory emphasized by Castillano's group is not applicable.
Also, in RA 9164 as amended by RA 9340, in Section 5, their terms were also extended until 2007 based on the said law signed and approved by the President last September 22, 2005.
The board member added that there are only two grounds for the election of new Liga president or removal of ex-officio representing the Liga.
One is the regular election that takes place every 30th day after the barangay election as mandatory and as a result of valid election for cause.
On the second ground, he said, the election as a result of a valid petition must be done in a proper procedure.
The local Liga concerned must inform the National Liga and upon the evaluation and approval of Liga national Executive Board and the election must be done in the presence of Department of Interior and Local Government.
The local Liga concerned must also organize committees for accreditation, canvassing and other requirements prior to the actual conduct of election.
In the Case of Castillano, they failed to follow the proper procedure, which is why the National Liga declared the said election of Castillano last July 22, 2004 as not valid and no effect.
The Liga National Executive Board issued a resolution declaring the said activity as void.
Briones is one of the officers of the Liga National Executive Board as he was elected as national auditor of the said body.
"No wonder that Vice Mayor Guillermo De la Llana still recognizes Orleans as the current Liga presiden,t" Briones said quoting the remarks of De la Llana published in Sun.Star Iloilo.
The vice mayor said, "We have not received a copy of the court's decision thus, we still recognize Orleans as President of the Liga ng mga Barangay. We cannot just accept him (Castillano) without proper consultation and necessary papers."
Background
To recall, 162 barangay captains held an election for the post of Liga ng Barangay president after they claimed that as of June 30, 2004, the term of office of Orleans has expired, as provided in the Local Government Code.
Orleans got a temporary restraining order for the election yet it went on and Castellano came out with the most votes.
However, the Regional Trial Court Branch 22 issued a preliminary injunction on the election, the respondents of which were Orleans and Judge Guiljie Delfin-Lim, so, Castellano and his counsel, lawyer Antonio Pesina, elevated their plaint to the Court of Appeals.
(October 24, 2005 issue)
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