Saturday, April 1, 2017

SC decides if appointment of barangay officials illegal

By Mortz C. Ortigoza

I just learned that many congressmen in the Philippines are Korean.
Ombudsman should look on this so these lawmakers could be sued because of their “citizenship” and dismiss them from office.
As you know, just like the president and those senators, a congressman should be natural born when he filled his certificate of candidacy.
Two private contractors who make public roads, bridges, and buildings told me the same story every time they asked the solons (tongressmen) to sign the approval of the projects in their district:
Image result for drug barangay officials
Barangay chairmen submitted urine samples to the personnel of the City Office
 for Substance Prevention in Cebu City . PHOTO CREDIT: Sun Star
These members of Congress would ask them:  “Magkano Korean?”
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Different opinions permeate the air nowadays on the legality and illegality of the plan of President Rodrigo Duterte to postpone anew the October 23, 2017 election. But this time all barangay (village) officials would be appointed by the president through a committee.
The rai·son d'ê·tre of the appointment is to avoid narcotics monies from drug personalities to influence the outcome of the poll.

The father of the Local Government Code of 1991 and former Senator Aquilino “Nene” Pimentel said: "Mas democratic ang eleksyon. In short nabawasan ang demokrasya ng Pilipinas”.
He disputed the argument of Duterte that 40 percent of village chiefs are dangerous drug’s protectors.
"Hindi naman ibig sabihin na 'yun ang dahilan, i-appoint na lang natin sapagkat 'yung iilang barangay official magnanakaw. Paano 'yung iilang governors na magnanakaw? Iilang mayors na magnanakaw? So ibig sabihin lahat na lang i-appoint 'yan?" he told radio dzBB.
My radio guest recently Congressman Leopoldo Bataoil told me that come May 2, the opening of the House of Representatives, he and his colleague at the August Body would pass a bill to empower Duterte to appoint officials to fill up the vacuum after the postponement of the poll in October.
“Of course, we have to amend the Local Government Code,” cited by Speaker Pantaleon Alvarez in reaction to the statement of Congressman Sherwin Tugna of the Citizens’ Battle Against Corruption that the Local Government Code of 1991 or Republic Act No. 7160, mandates that elections be held for the chairs and councilors of barangays.
Here’s my take on these various reactions.

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The appointment of President Duterte of these village officials as way to avoid dangerous drugs monies to influence the poll this year will be lawful as long as there is a law empowering him to do it.
It would be unlawful; however, if someone filed a Petition of Declaratory Relief and Similar Remedies to the Supreme Court questioning the statue or law to be passed or being passed by Congress as undemocratic and the high court sided with the petitioner.

With a pending case like this at the high court, the status quo where appointees run the village could probably stay for one year or less before the court released its adverse decision to the law made by Congress and signed by the president.

 (You can read my selected columns at http://mortzortigoza.blogspot.com and articles at Pangasinan News Aro. You can send comments too at totomortz@yahoo.com)

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