Judge awaits December relief of Chan before giving decision

                                                             By MORTZ C. ORTIGOZA 

LINGAYEN – The regional trial court judge here waits for the December 17 relief of a Pangasinan provincial police director before she decides on the writ of injunction with temporary restraining order case filed by Pangasinan Governor Amado T. Espino

Police Colonel Marlou Chan answers the queries of
 media men on the peace and order in Pangasinan

.

In a final hearing on November 12, Judge Carmelita Villegas-Galvez asked Senior Superintendent Marlou Chan to furnish immediately her sala an order from the national police headquarter after Chan leave his post in December 17 this year.

“Colonel Chan please furnishes me a copy of your transfer so I have a good Christmas. So we could know the development of your transfer,” the amiable lady judge exhorted the provincial director.

In that hearing Solicitor General Counsel Maria Celeste Reantaso manifested to the court by showing a resolution of the Senior Officers Placement and Promotion Board (SOPPB) of the national police headquarter that Chan would be transferred on December 17 at the police regional office in San Fernando City, La Union as the Regional Chief of the Directorial Staff (RCDS).

Chan, Chief Superintendent Ricardo Marquez, and Director Catalino Cuy, chief of the Philippine National Police Personnel and Records at Camp Crame have been sued in May 24 this year by Espino with a writ of injunction with a temporary restraining order after Marquez and Cuy made Chan as permanent police provincial director in May 10, 2013 in Pangasinan after he was appointed as officer in charge in December last year.

But the national police hierarchy reverted the permanent appointment to a hold over category in  June 26, 2013 that  prompted Chan’s battery of lawyers composed of Reantaso, State Solicitor Magnolia C. Velez (who was replaced in the last hearing by another lady lawyer from the SolGen after she was appointed as RTC Judge) and PNP lawyers Police Superintendent Donald T. Laoyan and Police Chief Inspector Stephen G. Budong to file a motion to dismiss since the main action of his appointment as permanent became moot and academic already.

Espino questioned the decision of the PNP in appointing Chan as permanent police director .

In his petition for the writ of injunction he questioned Generals Cuy and Marquez 's violation of  the laws governing the appointment of police provincial officials. Espino argued that the two generals erred in designating Sr. Supt. Chan as provincial police chief of Pangasinan. In his amended petition for the issuance of a writ of preliminary injunction with TRO the governor through his lawyer hinted that Cuy and Marquez appeared to have conspired to circumvent pertinent provisions of the PNP Law, as amended,and the Omnibus Election Code.

The lawyer of Espino argued that Section 51 of the Department of Interior & Local Government Act and Republic Act 8551 (Act Establishing the Philippine National Police Under a re-organized Department of the Interior and Local Government, and for Other Purposes) mandate the governor to appoint one of the three nominees submitted by the regional director.

In the November 12 hearing the lone lawyer of Espino provincial legal office Geraldine Baniqued and the lawyers of Chan did not argue anymore. Reantaso told Judge Galvez that the Solicitor General would not even submit any motion since they already submitted all the written arguments and the latest supplemental motion at the judge in the September hearing.

Galvez, who would be deciding the injunction on December 12, asked Baniqued if she could wait for the December 17 relief of Chan.

“Whichever comes first your honor,” Baniqued retorted.

“Hindi ka naman nagmamadali (are you not in a hurry)?,” posed by the always smiling judge.

Baniqued, a University of the Philippines-College of Law alumnae, nodded her head in agreement.

Galvez said she could forego the December 12 resolution and resolves the case after December 17 since she has been given by law 90 days after Velez signified in the September hearing her intention to file her supplemental motion to dismiss the case in favor of Chan.

RCDS is one of the requirements for Chan to get the star rank.

“The board has just deliberated and approved last week my new assignment as RCDC. The procedure there is that after the post has been vacated by its head somebody has to fill it up immediately, “Chan explained to the court.

CITY PREPARES AID TO TYPHOON STRICKEN TACLOBAN

By Joseph C. Bacani

 

DAGUPAN CITY – Mayor Belen T. Fernandez has encouraged city hall employees and the non-government organizations as well during last Monday’s flag raising ceremony at the city plaza to join the city government in its donation drive for the victims of typhoon ‘Yolanda’ particularly in Tacloban under the program called ‘Bangon Tacloban! Makipagtulungan, Dagupan!

Looters in Tacloban

“Due to the extensive damage brought by super typhoon ‘Yolanda’ in the eastern part of Visayas with thousands of lives lost and thousands of families displaced, I am requesting your benevolent support to the typhoon victims by extending your assistance,” said Fernandez in her appeal to the City Hall employees.

In line with this, Fernandez said that any donations in cash or in kind must be submitted to the city museum by contacting Lorna Collado there.

“The museum will be open from Monday to Friday at 8 a.m. to 5 p.m.,” Fernandez averred. (CIO/11-14-2013)

Concert Stars Archbishop Villegas, Gov. Espino held for “Yolanda’s “Victims

LINGAYEN--- The Archdiocese of Lingayen-Dagupan headed by Archbishop Socrates Villegas led the concert-for-a-cause dubbed as “Fadz Gold Live in Concert” to help the victims of Typhoon “Yolanda” in Visayas Region.

            Held last November 12 at the CSI Stadia in Dagupan City, the live concert was joined by Gov. Amado T. Espino, Jr and Vice Gov. Jose Ferdinand Calimlim, Jr. where they rendered a song “PagibigKo Sa Iyo and “I Love You” respectively.

            Ryan Cayabyab, a Pangasinense and the Philippines’ music icon also guested in the concert.

Likewise, the Catholic priests including nuns have shared their talents in singing and dancing to show their support to the project.

            Arch. Villegas said the proceeds will be donated to the Archdiocese of Palo in Leyte and Archdiocese of Borongan in Samar whose churches have been ruined by typhoon “Yolanda.” The typhoon was considered as the world’s strongest and fiercest typhoon ever happened in the history of mankind.

            “Gusto natin tulungan ang mga nabiktimang bagyong “Yolanda” at iyong mga nasirang simbahan natin doon,” Archbishop Villegas said.

            More than thousands of students from the different Catholic schools have shown their full support to the concert that lasted for more than one hour.

            Earlier, the province of Pangasinan has donated P2-million each for the Leyte province and Tacloban City. The Bohol province, which was recently hit by a 7.2 magnitude earthquake last October 15, likewise, received P2-million as donation from the province. (Merly R. Tibalao/PIO)

NAPOLES TO DONATE BILLION OF PESOS TO VICTIMS OF YOLANDA

Philippine Senator Merriam Santiago bitch slaps alleged scammer Janet Napoles after she recently
announced in the public her P10 billion donation to the victims of Super Typhoon
Yolanda (international code named Haiyan). This is a satire.

Sabangan Bridge to be named Hector Fabiana

 LINGAYEN--- The Sabangan bridge connecting the towns of Lingayen and Labrador will be named as Hector Fabiana Bridge.

            This developed as the Sangguniang Panlalawigan has approved the provincial resolution No. 217-2013 authored by BM Nestor Reyes of the second district in its Monday’s regular session held here.

            “The naming of bridge is one way of honoring the late Hector Navarro Fabiana who was elected as the youngest barangay captain of barangay Sabangan at the age of 18, and continuously served his community with dedication until his death at the age of 44,” BM Reyes stated in his resolution.

            Moreover, the late Fabiana had been the instrument for the realization of a concrete bridge replacing the dilapidated bridge through the assistance of Gov. Amado T. Espino, Jr.

           

            According to Reyes, the bridge will elevate the importance, relevance and  dignity of services rendred by  the barangay officials of Sabangan as well as to its barangay residents. (Merly R. Tibalao/PIO)

Moro-moro at SP

                 RUEL ‘Mapalakapak’ CAMBA

ONLY in its infancy, the  Blue Ribbon Committee of the Dagupan Sangguniang Panlungsod is to a growing number of SP observers fast becoming a favorite stage for moro-moro performances, courtesy of the majority bloc. I am inclined not to disagree.

            Here’s one comment from one of my numerous texters in my morning program over DWPR-Power Radyo:

            “Makapalekmay  agawan  hearing   na  blue ribbon committee  nenlunes.  Say  issue ya isusulong  da amay direliction (sic) of duty  nen Ms. Molina (dept. head agriculture) ..Naebatan  la  yana minangganoaray  distinguish (sic) guests legally tan technically, anggapoy kasalanan nen Ms. Molina  edsamanya isyu…Say  makapalek,  sicoun. Joey manfo-forum shopping  ya antukaman ya isyu ya walani  anonymous txterkuno.  Abogado ka.  Dapat  anta  to  yaagakumon  entertain  so  anonymous  ya  complaint….Makapalek.”

            Here’s another text message from one of the listeners of the same radio program:

            “Bakit sila nagpatawag ng blue ribbon session sa issues nawala naman palang  formal letter of complaint sa sanggunian.  Ang  complainant si Mr. Sunday Punch…Sumulat siya ng  complaint  sa pahayagan nya pero walang sinubmit na  formal complaint sa SP which is protocol. Bakit inaksyunan nila  issues  niya  at  higit salahat wala yung  complainant  nung  nag  blue  ribbon committee session sila….”

            The texter was asking if majority of our city councilors no longer have regard for protocol and that they have become subservient to a certain Mr. Sunday Punch.

            Still, another texter was wondering why the Sangguniang Panlungsod through its blue ribbon committee has to prioritize the need for it to conduct legislative inquiries since the Commission on Audit is already conducting – if it has not undertaken any yet - a parallel investigation and that such other impartial probe bodies as the National Bureau of Investigation could be tapped to undertake further, unbiased and thorough investigation so that the SP could rid itself of such unwanted, unnecessary, and unwarranted obligation.

            The SP, to me, is treading on shaky ground by inviting anonymous, unverified, unsubstantiated and informal complaints from all directions, of course, courtesy of the majority bloc allied with Her Excellency, Mayor(duma).  And this is happening, I suppose, even without clear and solid house rules on the process by which legislative inquiries in aid of legislation, persecution, humiliation, grandstanding and whatchamacallit by the blue ribbon committee, in particular, shall be conducted to protect the rights of both the complainants and the defendants.

            I will not be surprised if, after this column item, I will be summoned to the SP because of an anonymous complaint. Does the SP’s blue ribbon committee also entertain anonymous complaints involving private persons? But it has no contempt power, meaning its invitations for inquiry may be disregarded outright.

            Who was it who said :“If you tell a lie big enough and keep repeating it, people will eventually come to believe it.”? 

            Ah, it was Dr. Paul Joseph Goebbels, who was Adolf Hitler’s Propaganda Minister in Nazi Germany.  It was also used in various forms and/or attributed to several dictators including communist leaders such as Lenin.

            That was the dark period in world history when modern information and communication technologies such as the Internet, cellular phones, and regional television networks were non existent.

            By entertaining anonymous, unsubstantiated and unverified complaints, the SP through its blue ribbon committee could place innocent city officials, employees or individuals and their families and kids in undue public ridicule and humiliation. People will eventually come to believe a lie if it is printed as news item or discussed in opinion pages in more than 20 local newspapers (excluding the national broadsheets and tabloids). Or if it is broadcast in the two regional TV networks, or broadcast and discussed in the programs of at least 15 local radio stations (both FM and AM). Provided, that the legislative inquiries are kept from the blinking klieglights of TV cameras or rolling tape recorders, especially of reporters controlled by Her Excellency at all times.

            What pieces of legislation (including penal provisions) are expected to be hammered out from these legislative inquiries that are not yet spelled out in Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, or Republic Act  6713 otherwise known as An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees?

            Also, we have Republic Act No. 6770, otherwise known as "The Ombudsman Act of 1989, Republic Act No. 381 or the Revised Penal Code of the Philippines, or the various presidential decrees governing the conduct and dispositions and actuation of government officials and employees.

            To be effective and transparent, the SP’s blue ribbon committee ought to publish a hotline by which the public could text in or course through their complaints, particularly against city officials and employees, including the city mayor and councilors! I wonder if the blue ribbon committee will conduct anonymous complaints involving the incumbent city mayor, which complaints I deeply doubt would see print in the Sunday Punch. But the committee should not depend solely from what is hatched up in that paper founded by the highly respectable and venerable Ermin Garcia, Sr.

            Will Honorable Joeynetu Tamayo entertain a provision in their house rules that would provide immunity for his fellow aldermen from investigation by his “powerful” committee?

            I could now imagine a deluge of complaints through text and anonymous telephone calls flooding in and the SP, particularly its blue ribbon committee, will have its hands full conducting legislative inquiries and witch-hunting orgies rather than crafting much-needed ordinances and resolutions for the BalonDagupan of Her Excellency.

                                                            ****

            I wonder if Chairman Joeynetu will consider some questions that should be looked into. What is the truth behind the reports that OIC Budget Officer Luz de Guzman took it upon herself and two others the prerogative lawfully granted to the vice mayor, that is, the preparation and submission of budget proposals by heads of departments or offices?

            Section 317, Chapter 3 of RA No. 7160 or the 1991 Local Government Code of the Philippines explicitly mandates in paragraph A:  “Each head of department or office shall submit a budget proposal for his department or office to the local chief executive on or before the fifteenth of July of each year…”

            De Guzman is neither the vice mayor nor a city councilor, but there are people who are asking some questions. Did she take the initiative to prepare and submit the proposed annual budget of the SP with two other city department heads?  Is this not usurpation of power or conduct unbecoming of a public official, Chairman Joeynetu?

            Are Ms. De Guzman and her cohorts so well-versed with the objectives, functions, programs and projects as well as manpower requirements (technical and legal experts, etc.) of the SP as to arrogate upon themselves the prerogative to prepare that office’s next annual budget beyond the scope of their duties and responsibilities as provided for by law? Or, have De Guzman and party acted upon orders or directive from a higher authority?

            Is OIC De Guzman aware of Section 341 of the Local Government Code which states: “Without prejudice to criminal prosecution under applicable laws, any local treasurer, accountant, budget officer(underscoring mine) or other accountable local officer having any pecuniary interest, direct or indirect, in any contract, work or other business of the local government unit of which he is an accountable officer shall be administratively liable therefor.”?

            Chairman Joeynetu, do you have any knowledge about who is the contractor of three covered courts costing P5 million each or a total P15 million which you, along with the other members of the majority bloc, realigned from the fund intended for the botched Maternal and Children’s Lying-in Hospital of the city?

            Is it true, Mr. Chairman, your honor, that the contractor of the said projects is close to the heart of the OIC budget officer of the city who is also close to the heart of Her Excellency?

            These are questions one cries out for answers, Mr. Chairman.

            Kindly conduct a legislative inquiry, too, Chairman Joeynetu. Thank you very much and good luck!

            Sa  susunod na issue, ang title: “ Is It True that a Department Head Refused to Pay in Full the Unpaid 4-month Salaries of the Contractual Employees Working in the SangguniangPanlungsod Which Is Not Her Department or Office?”

Silent revolt brewing at SP

                                                BY RUEL CAMBA

SOME members of the majority bloc in the SangguniangPanlungsod of Dagupan City (SP) are grumbling over the way city hall is treating them.

Vice Mayor Brian Lim

            Their anguish worsened when they learned that contractual workers of the SP, including their own, have not been paid their salaries since July this year, according to a high-ranking SP official who requested anonymity for fear of reprisal from his former superior who is now the top honcho at city hall.

            “Most of these contractual workers have been working in the city council for years now and this is the first time they are experiencing this kind of ordeal because the city budget office insisted that funds are not available,” he said.

            The city’s contractual workers receive from P6,500 to P7,500 a month and most of those working in the SP were left with no other choice than to sell their salaries to loans harks at a discounted rate of 10 or 20 percent.

            Mayor Belen Fernandez reportedly requested SP approval of a third supplemental budget amounting to P15.992 million to cover among other things unpaid salaries of a number of emergency workers or contractual employees.

Mayor Belen Fernandez

            The two previous supplemental budgets already enacted by the SP covered the salaries of newly hired emergency workers working at the city hall, but not included were the SP contractual employees and consultants and former members of the Public Order and Safety Office who were not paid their two-month salaries even as they were made to work while the new POSO recruits were being trained.

            Members of the SP found out that only a little more than P70,000 was earmarked for the salaries of the contractual employees of SP in the proposed third supplemental budget.

            This prompted Councilor Jeslito “Jigs” Seen, a brother-in-law of the mayor and chairman of the SP finance committee, to call for another committee hearing on the proposed supplemental budget last Friday, the source said.

            Among those who attended were Councilor Red Erfe-Mejia who represented the minority bloc, City Administrator Farah Decano and OIC Budget Officer Luz de Guzman.

            It was learned that Seen, Erfe-Mejia, and Decano agreed to amend the proposed supplemental budget to cover the unpaid 4-month salaries of the SP contractual workers.

But De Guzman reportedly reiterated that there was not enough funds to cover the same even as the sum of P7.8 million is available for electricity expense; P250,000 for office supplies, P264,000 for representation expenses,  and P200,000 for financial aid.

“I think the proposed supplemental budget suffers from some legal infirmities,” the source said.

He said that Section 324 of the Local Government Code mandates that “full provision shall be made for all statutory and contractual obligations of the local government unit concerned.”

He said that even as the finance committee was deliberating on the proposed supplemental budget, a trimmed list of contractual employees and consultants working for the majority bloc in SP was secretly submitted to the office of the city mayor. 

“I don’t know exactly who submitted the list, but I have an idea,” the source said.

Not included in the list were the contractual workers and consultants working for the members of the minority bloc and the vice mayor, it was learned.

                                                Against house rules

This blog received reports that Majority Floor leader Maybelyn Fernandez without consulting the vice mayor included in the agenda that will be tackled by the SP on Monday the proposed supplemental budget for second reading.

When asked about the matter, the source said that under the SP house rules submission of proposed resolutions or ordinances is set every Thursday.

“The finance committee conducted hearing on the proposed supplemental budget only last Friday and she (Fernandez) should have waited for the committee report before calendaring for deliberation and voting the said proposed supplemental budget,” he said.

“I don’t know if the chairman of the finance committee (Seen) will allow himself to be bypassed by the majority floor leader,” he said.

Calendaring of the proposed supplemental budget resolution ought to be made on or before Nov. 14 (Thursday) and deliberation and voting may be done during the SP regular session on Nov. 18, he said.

“Why is the majority floor leader in a hurry even at the risk of ruining their own house rules which she herself helped in crafting them,” the source said.

                                    Budget preparation

Another thing that irked several members of the SP was the move by the local finance committee which arrogated unto itself the prerogative of the SP to prepare and submit through the vice mayor the proposed annual budget of the SP for fiscal year 2014 contrary to the provisions of the Local Government Code.

  Section 317 of the Code states: “Each head of department or office shall submit a budget proposal for his department or office to the local chief executive on or before the fifteenth of July of each year…”

The local finance committee prepared and submitted the proposed annual budget of the SP even without consulting the vice mayor and the councilors, the source said.

Comprising the local finance committee are OIC Budget officer Luz de Guzman, City Planning and Development Officer Romeo Rosario, and City Treasurer RomelitaAlcantara.

In describing the move of the local finance committee as a “big insult” to the members of the SP, he expressed serious doubts that the proposed annual budget of the city council as prepared by the said committee reflects the real needs and direction of the SP.

The Local Government Code mandates that the budget proposal of each department or office, including the SP, shall contain among other things the following:

1.      Objectives, functions, and projects showing the general character and relative importance of the work to be accomplished or the services to be rendered, and the cost thereof;

2.      Organizational charts and starting patterns indicating the list of plantilla positions with their corresponding salaries, and proposals for reclassification of positions and salary changes, as well as the creation of new positions with their proposed salary grades, duly supported by proper justification;

3.      Brief description of the functions, projects and activities for the ensuing fiscal year, expected results for each function, project and activity; and the nature of work to be performed, including the objects of expenditure for each function, project and activity;

4.      Estimated current operating expenditures and capital outlays with comparative data for the last two (2) preceding current, and ensuing fiscal years;

5.      Accomplishment reports for the last two (2) preceding and current fiscal years.

“I wonder if the budget proposal prepared and submitted by the local finance committee in behalf of the SangguniangPanlungsod is truly reflective of these requirements mandated by law,” the source said.

He said that at least three of the members of the majority bloc are now weighing their option to bolt the party because of the way the hierarchy is treating them.

“I think they will do it in due time,” he said.

Switching of political colors at the SP is not new. It happened when five members of the ruling Liberal Party last year shifted their support to then Mayor Benjamin Lim whose son, Brian, currently serves as vice mayor and presiding officer of the Sanggunian.

The SP majority bloc is comprised of Councilors Maybelyn Fernandez, Karlos Reyna, Alfie Fernandez, Jigs Seen, Marvin Fabia, Joeynetu Tamayo, and Jake Reyes as ex-officio member being the president of the city’s Liga ng mga Barangay.

This blog learned that Mayor Fernandez pledged support to the said councilors for them to be able to help their barangay leaders who ran in the recent barangay polls, but the pledge of support for some reasons did not materialize.