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Wednesday, June 08, 2005
Cite law I violated: Mayor Osmeña
CEBU CITY -- Mayor Tomas Osmeña said President Arroyo gave him authority over the Cebu South Coastal Road when she declared the South Reclamation Project (SRP) an economic zone last February.
But he admitted that he "cannot go far as saying that we own the road but we are responsible because we are the administrator."
Osmeña dared the Integrated Bar of the Philippines (IBP) "to cite the law I violated, if they want to put me in jail."
"Are you going to tell the mayor how to run the City of Cebu? Palihug lang, cite what law I violated if you want to put me in jail. They're practically inventing their own laws already," he told a news conference Tuesday.
The IBP Cebu City chapter, led by Gloria Lastimosa-Dalawampu, wants the court to open the P7-billion road to motorists.
"The approval of the SRP as an economic zone has been approved by the President. So, the City is the administrator of the economic zone, which includes the road. I don't need a council authority to close the road. Besides, it's not officially opened, just temporary. It's opened until 6 p.m. only, not 24 hours a day," Osmeña told a news conference.
The IBP said in its complaint that since the coastal road is a national road, "the jurisdiction to have it closed does not belong to Osmeña."
They submitted a motion for intervention with a prayer for a writ of preliminary mandatory injunction and a temporary restraining order to the civil case lawyer Alfredo Sipalay filed before the Regional Trial Court filed last April 15.
Since it was closed last April 8, only motorists holding security passes from Osmeña's office have been allowed to use the facility.
However, last Monday, the mayor announced that he will be opening the road to public traffic 90 days after the titles for the South Reclamation Project are issued.
As to Acting City Attorney Rodolfo Golez's defending the Cebu City Government, the mayor said there is no conflict, as Golez is already detailed to City Hall and not representing the City Prosecutors' Office.
"If Golez is not functioning as City Attorney, he will be liable for his job. If somebody should complain when he won't function, it should be me. If you borrow a player for San Miguel, he should play for San Miguel and not for Ginebra," he said.
Regional State Prosecutor Antonio Arellano also echoed Acting City Prosecutor Nicolas Sellon's stand that the detail of an assistant city prosecutor at the City Attorney's Office is presumed regular unless declared otherwise.
He said Golez is a member of the National Prosecution Service of the justice department currently detailed at the Cebu City Attorney's Office pursuant to a detail order signed by Justice Secretary Raul Gonzalez.
Dalawampu earlier questioned the appearance of Golez as one of the defense counsels of Osmeña and two others in the civil case.
Golez's salary from the Department of Justice and honoraria from the City Hall were also raised by Dalawampu.
"Honoraria in the form of allowances are allowed by existing rules," Arellano told Sun.Star Cebu.
"It is a form of augmentation to the low income that government employees are receiving," he said.
Arellano also said even judges receive incentives from local governments.( GAC/JGA of Sun.Star Cebu/Sunnex)
(June 8, 2005 issue)
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