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Thursday, December 09, 2004
Lapu mayor, wife sued on waste law
By Karlon N. Rama
CEBU CITY -- A group of lawyers filed Wednesday administrative and criminal charges against Lapu-Lapu City Mayor Arturo Radaza and his wife for their alleged failure to enforce an environmental law.
The suit, which also cited the two for violations of the Local Government Code and the Code of Conduct and Ethical Standards for Public Offices, is the first of its kind against a sitting public official.
They accused the mayor and his wife, Mactan Barangay Captain Paz Radaza, of failing to enforce Republic Act 9003, the Ecological Solid Waste Management Act of 2000, among environmental law violators within their jurisdiction.
Among the provisions allegedly not enforced are those that disallow the operation of open dumpsites, the open burning of solid waste, the collection of non-segregated or unsorted waste and allowing people to live close to dumpsites.
Sun.Star Cebu called up Radaza's residence four times last night, but a member of his household staff said the mayor and his wife left the house for an important affair.
Lawyer Antonio Oposa led others in signing the complaint that was subscribed by Cebu City Prosecutor Cezar Tajanlangit and submitted to the Office of the Ombudsman-Visayas.
Over a hundred Cebu-based lawyers who attended the Integrated Bar of the Philippines (IBP) Mandatory Continuing Legal Education Seminar at the Sacred Heart Center Cebu, including Tajanlangit, witnessed the signing.
Oposa was among the lecturers in the seminar.
The signing of the complaint ended his talk.
The complaint was co-signed by IBP Cebu City chapter president Democrito Barcenas, IBP provincial chapter president Manuel Monzon and Gloria Estezo Ramos of the IBP National Environmental Action Team (Neat).
IBP audit
"Wanton dumping of garbage and air pollution endanger the lives and health of the people...indifference to their dire consequences by treating the garbage and environmental issues lightly and, worse, open and callous disregard of the Constitution and the laws of the Republic is gross dereliction of duty of public officers, which merits suspension or removal from office," the complaint read.
The non-enforcement of the provisions, Oposa said, is in violation of the Local Government Code and the Code of Conduct and Ethical Standards for Public Officials.
Oposa, in a separate interview, said the filing of the complaint is the natural next step after the Sept. 6, 2004 notice they sent to the City Governments of Cebu, Mandaue, Talisay and Lapu-Lapu.
The notice cited the cities' non-compliance with the mandatory segregation of solid wastes and the collection of un-segregated wastes, among others.
The IBP conducted an environmental compliance audit on the four cities and they found various violations of the law on solid waste, such as burning in open dumpsites and un-segregated garbage collection.
The IBP report was attached to the complaint.
Compliance
Radaza is being impleaded in his official capacity as city mayor.
His wife, meanwhile, is charged in her capacity as Mactan barangay captain because the city's open dumpsite is located inside her jurisdiction.
While Cebu City Mayor Tomas Osmeņa reacted negatively to Oposa and the IBP's notice to sue at first, the Cebu City Government has given "substantial compliance" to the provisions of RA 9003.
For their part, Oposa added, Talisay and Mandaue "are trying to seriously comply" with the provisions.
"Lapu-Lapu didn't even reply to our letter. They sent us a copy of their (environment) program but, that's just it, it's only a program," he explained.
"This is nothing personal. I don't know the mayor and the mayor doesn't know me. We just want to enforce the law. If we can't enforce the law, then we have no business being in office," Oposa added. (With AIV)
(December 9, 2004 issue)
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