Bzzzzz: Is LGU required to provide office space for a congressman?

CEBU. Former Customs Collector Elvira Cruz (left) and Atty. Charlito Martin Mendoza. (Photos from SunStar Archive/BOC Port of Cebu Facebook page)
CEBU. Former Customs Collector Elvira Cruz (left) and Atty. Charlito Martin Mendoza. (Photos from SunStar Archive/BOC Port of Cebu Facebook page)

PEOPLE are talking about...

* EX-CUSTOMS COLLECTOR ELVIRA CRUZ FIGHTING FOR HER CEBU POST. Cruz reportedly filed several complaints (at Court of Appeals, Ombudsman, Civil Service Commission and another Manila court) regarding her Cebu assignment. She was already ordered reassigned last January and last April but she is still pushing the multi-pronged legal battle to recover the position. The news stories are not telling the reason she wants the Cebu posting so much. The one physically occupying the district customs collector seat is Charlito Martin Mendoza who was designated April 20 but the seat is also contested by Lemuel Romero who was appointed last January 10.

What's at the Cebu port that they're fighting over, risking insubordination and legal battle?

* THE MANDAUE CITY LAWYER WHOM SUPREME COURT DISBARRED for abandoning his family and living with his mistress. What's interesting about the immorality case was that the Integrated Bar of the Philippines dismissed the estranged wife's complaint but the SC found for her and ruled against the philandering husband, who was identified as an assistant legal officer of Mandaue City Hall. He was suspended for six months by the ombudsman in 2011.

Their legal bases

The verbal exchange between Lapu-Lapu City Mayor Junard "Ahong" Chan and Representative Paz Radaza over office space at City Hall has cited only the Local Government Code (Ahong's basis) and the city ordinance that provided the room.

Chan says the LGC empowers him to manage the city's building facility. Radaza says the ordinance is valid until set aside by court order.

Nobody has cited a provision of law that requires a local government to give office space to the district congressman.

Perhaps there is none.

For two reasons: Congress appropriates money for the upkeep of the House member, from office upkeep and staff to travel allowances and other expenses.

Until the Chan-Radaza quarrel over office space at Lapu-Lapu City Hall, the public has not heard of any similar dispute or anything about district offices. People don't even know where the congress member's district office is located. They reach the legislator at his or her residence or the "Cong" goes to the voter's place. People assume that the residence is the district office. Have you heard of Representative Raul del Mar or Representative Bebot Abellanosa holding office at City Hall?

How the cost is paid

People have read about the expenses of House members. If a legislator opens a district office at a private building for which he pays rent and hires staff, we assume that Congress picks up the tab. But what if he holds office at his residence or an LGU gives him office space -- and, as in the case of "Cong" Radaza, electricity, water and communication -- does the legislator pocket the money?

It's a subject knows little about: aside from the pay, does the legislator get the appropriation for other expenses, including that for district offices, in bulk with the right to decide how much and how to spend it?

'Midnight' element

The 11th-hour factor, or "midnight" element, is that the ordinance was passed three weeks before June 30, when the term of then mayor Paz and her controlled City Council expired.

The office space was reportedly occupied by Paz's predecessor, her daughter Aileen -- since when, the news reports don't say. The grant must have been made by then mayor Paz alone, with no City Council approval. That would explain the belated and rushed legislative imprimatur.

All the wrangling, of course, might have been avoided if (a) Chan and Paz were on the same political boat and (b) Paz didn't criticize Ahong's choices for key officials. After all, the congresswoman can help Ahong's administration by infrastructure projects funded by the national government.

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