By Mortz C. Ortigoza
The brouhahas and the circus continue in traditional, social and online
media, brought by the consultation hearings by the City Councilors on the
donation of the 1.2 hectares of land given by the brother of the mayor for the
local government in Dagupan City.
One of the arguments of the opposition hinged on Section 3B of Republic
Act or Anti Graft and Corrupt Practices Acts as quoted by Councilor Red
Erfe-Mejia on TV interviews and the social media says:
"Directly
or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract
or transaction between the Government and any other part, wherein the
public officer in his official capacity has to intervene under the law".
He continued: “Sa madaling salita
bawal gamitin ang kapangyarihan sa pansariling benepisyo” and “Ililipat ang
city hall sa lupain ng pamilya ng mayor na kung saan ang lupa mismo at ang mga
lupang nakapalibot ay pag mamay-ari ng pamilya ng mayor”.
MY TAKE: In case Mayor Belen Fernandez signed into law the ordinance,
almost unanimously passed by the members of the Sangguniang Panlungsod, the
signature of the mayor could not be construed as abetting graft and corruption
because the family owned land probably through a corporation (where the mayor
divested her interest) would benefit tremendously because the lands there would
appreciate their worth when buyers buy them.
The signature of the mayor was ministerial. She did not represent the
Vox Populi, Vox Dei when the majority of the councilors debated and voted
for the acceptance of the ordinance. It was the Councilors who represented the Voice of God and the people of Dagupan City that it was politically correct to
accept the benevolence of donor Kerwin Fernandez, the sibling of Mayor Belen T.
Fernandez, when the mayor signed the proverbial dotted line of the already
approved ordinance.
“The
acceptance of the mayor of the donation in behalf of the city government is
immoral,” dissed by the
opposition and critics.
The mayor could show to all and sundry that she is dispensable to the
donation by vetoing it or rejecting it or ignore it, just like Vice Mayor Brian
Lim when the ordinance accepting the donation needed his signature.
“You know Harold, the law knows about the nature and vested interest
of elected public officials who could hostage the general welfare by not
signing the law,” I told recently my radio tandem Harold Barcelona.