Wednesday July 18, 2018

Nalzaro: Move to oust Zafra

BAKIT ngayon lang? I ask this question in view of the move by the Bando Osmeña-Pundok Kauswagan (BOPK) leadership to oust Association of Barangay Councils (ABC) president Felix Zafra as ex-officio member of the Cebu City Council because his term supposedly expired already last June 2016.

If the BOPK has solid legal basis to oust Zafra, it should have initiated the ouster move last year. But why only now? Is it because the BOPK needs the numbers to control the city council?

This is another political maneuver by the BOPK. Didn’t it recruit Zafra to the party early this year? And because the attempt failed, the BOPK now claims his presence in the council is illegal? Come on.

The “former political has-been,” who is the architect of this move, said they will take legal action to oust Zafra. He claimed they have solid legal basis to remove him, adding he even memorized the law. But he did not come up with specifics. Funny.

If he goes court by way of a declaratory relief, he should not only focus on Zafra’s case. He should include the Department of Interior and Local Government (DILG) and the Liga ng mga Barangay National Executive Board because this is a national issue. It involves around 48,000 barangay captains.

I read the draft of Senate version, which was adopted by the House of Representatives, of the measure postponing the barangay and Sangguniang Kabataan (SK) elections to the second Monday of May next year. Section 3 states: “The hold-over provision of Republic Act 9164 (passed in 2002 about postponing barangay and SK) as amended in RA 9340 shall remain applicable and in full force and effect under this Act.”

And what is Section 5 of RA 9340? It states: “Hold-over--All incumbents of barangay and all SK officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified; Provided, however, that barangay and SK officials who are ex-officio members of the Sangguniang Bayan, Sangguniang Panlungsod or Sangguniang Panlalawigan as the case maybe, shall continue to serve as members in the Sangguniang concerned until the next barangay election. The Liga ng mga Barangay at the municipal, city and provincial levels shall, within thirty days after the next barangay election, conduct elections for ex-officio positions in the sangguniangs under the supervision of the Department of the Interior and Local Government.”

After RA 9164 and RA 9340, there have been many subsequent laws passed in relation to the postpnement of the barangay and SK elections. In RA 10923, the hold over provision is the same. In RA 10656, there is no mention of hold over and RA 10632 only talks about postponing the SK polls and the expiration of their term.

Aber, unsa man nang balaura nga iyang gibasihan sa pagtangtang ni Zafra? Paghuwat na lang god mo og mahinayon ang eleksiyon sa ABC inig human sa eleksiyon sa barangay ug SK sunod tuig. Unsa may dalian ninyo?