A CEBU City councilor questioned the appointment of former councilor Nestor Archival in one of the special bodies at City Hall.
Councilor Jose Daluz III said that Archival, who is an engineer, has been appointed by Mayor Tomas Osmeña as one of the members representing the “professional sector” at the Cebu City Zoning Board.
There is a one-year ban on appointments for the losing candidates during the May 9 elections. Archival ran in the vice-mayoral race in the city, but lost to reelected Vice Mayor Edgardo Labella.
“I think we all know of the one-year ban, so he cannot be appointed or even designated as a consultant. I think there is a violation there,” Daluz said.
Under Arcticle IX (B), Section 6 of the Philippine Constitution, it states that “no candidate who has lost in any election, shall within one year after such election, be appointed to any office in the government or any government-owned or controlled corporations or in any of its subsidiaries.”
The appointment of Archival is covered by a memorandum issued by Osmeña.
No case
Daluz, in an interview yesterday, said he doesn’t want to file a case about the matter, but he wants to remind the executive department to just follow the law.
Sun.Star Cebu tried to get a comment from Archival, but calls and texts were unanswered. Osmeña, for his part, did not grant interviews from the media yesterday.
In a letter dated Aug. 17, however, City lawyers Daisy Mae Garong and Anthony Sing informed the zoning board that Archival cannot be considered as a board member because of the one-year ban on appointment.
“We would like to apologize for our oversight in monitoring the composition of the zoning board...In light of such, his (Archival) presence cannot be considered in the determination of the quorum, he does not have any voting powers for the meantime, and he is not entitled to receive honorarium for the meeting attending during the one-year prohibition period,” they said.
“In any case, due to Engr. Archival’s expertise, he may carry on as consultant for the board until such time as said prohibition is lifted,” they added.
Daluz, who is also a lawyer, opined, though, that Archival cannot be made a consultant of the City even if it will be a one-peso a year consultancy.
He also made mention of former councilors Nida Cabrera and Alvin Dizon who have been attending different meetings, although he said he had not seen any of their appointments.
“This is about the influence they will be giving to the City. I hope they can just wait for one year because they will influence our career officers, our employees kay natural, they are acting on behalf of the mayor gud,” he said.
Advice
Daluz asked the City Legal Office to properly advise the mayor and review any memorandum he issues.
As this develops, Daluz wrote the zoning board informing them to notify him of any of its meetings.
Although he was not included in the memorandum issued by Osmeña, Daluz said the city ordinance creating the zoning board provides that the chairperson of the City Council’s committee on social services is considered as one of its member.
Daluz is the chairperson of the said committee.
Other members of the zoning board, which is headed by the mayor, are the city development coordinator, city attorney, city administrator, city treasurer, city assessor city engineer, building official, chairman of the committees on urban planning and housing, and a representative of the academe, civic sector, business sector and professional sector.