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Monday, December 31, 2007
Dispute tests DILG authority
By Allan I. Varquez
THE Department of Interior and Local Government (DILG) expected unpaid dues to get in the way of the barangay federation elections last Saturday, which is why it issued a circular to make sure overdue fees wouldn’t be used to block voting rights, an official said.
But can the DILG officials intervene in the internal affairs of the Association of Barangay Councils (ABC)? It can’t, said two Mandaue City officials, a day after the DILG declared the city’s ABC elections a failure.
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DILG Secretary Ronaldo Puno issued the memorandum circular last Dec. 3 to protect the new barangay captains from the lapses of their predecessors “because it is unfair to punish them for mistakes that are not of their doing,” said DILG 7 Director Pedro Noval.
That memorandum, however, failed to prevent confusion in Mandaue City’s elections.
Whose authority?
Two factions led by outgoing ABC president Joy Ouano and Glenn Bercede held separate elections at the Cebu International Convention Center (CICC), because they could not agree on whether to allow those that have unpaid monthly dues to vote.
Vice Mayor Carlo Fortuna said the DILG’s memorandum is ultra vires (beyond its authority), citing a Supreme Court ruling that disallows the agency from intervening in the internal affairs of the barangays’ league.
He cited an internal conflict between members of the Philippine Councilors’ League (PCL) during his incumbency as its national president, where former DILG undersecre-tary Agnes Devanadera advised them to bring their dispute to court because the DILG cannot intervene.
That dispute began, Fortuna recalled, when the PCL national board passed a resolution deferring the setting of qualifications for any position in the league.
“With that Supreme Court ruling, the DILG circular becomes ultra vires. It cannot supersede the constitution and by-laws of the Liga,” he said.
2 winners
Although the Liga ng mga Barangay exists under the supervision of DILG, it is also a quasi-public group registered with the Securities and Exchange Commission (SEC) as a non-stock, non-profit organization.
Ouano and Bercede “won” the ABC presidency in their separate elections last Saturday, but Noval refused to acknowledge either of them and declared the elections a failure.
Of 27 barangay captains, 19 walked out after Ouano ruled that only 13 who were of good standing could vote. Eighteen of those that protested held a separate election and picked Bercede as their president.
Fortuna, however, said that only the three-member election committee has the authority to declare the election a failure. The DILG only sits as a committee member.
“DILG has no authority to unilaterally declare the election a failure. It needs the concurrence of the other two members of the election committee,” the vice mayor said.
Ouano, in a separate talk, said what she did was in accordance with the constitution and by-laws of their league and their election code, which 41,940 barangay captains nationwide approved in 2002.
‘Just a guest’
She is currently the acting national president of the league.
“It was a legal exercise in accordance with our by-laws. Why should Noval intervene when he was there as guest to observe our proceedings? What authority does he have over our by-laws?” Ouano said.
Fortuna agreed with Ouano, saying that if the Liga’s by-laws are followed, Ouano is the “legitimate” ABC president and Bercede, if he wants to contest the results, should file a protest before the league’s national board.
It is the league’s national board that decides on who is the legitimate ABC president, in accordance with its constitution and by-laws, he added.
Ouano was accused of using the dues issue to ensure her reelection, an accusation by Bercede’s group that Noval also agreed with.
He blamed Ouano for the fiasco and reported to their central office in Manila that Mandaue’s ABC election was a failure.
“Kon maayo ang iyang intention nganong wala man niya pahibaloa ang mga barangay kapitan kon pila ang ilang bayranan nga monthly dues? (If her intentions were good, why didn’t she inform the barangay captains how much they owed in monthly dues?) She even drove them away. Isn’t that obviously political maneuvering?” Noval said. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Pampanga. (December 31, 2007 issue)
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