Against lawyers in City Council: Governor's brother eyes disbarment case

CEBU, Philippines – Capitol officials yesterday threatened to file a disbarment case against Vice Mayor Michael Rama and four other lawyer-members of the City Council if they will enact an ordinance that will prohibit the province from developing its lots for commercial purposes.

Cebu 3rd District Rep. Pablo John Garcia, brother of Cebu Gov. Gwendolyn Garcia, described the move of the Cebu City officials as unconstitutional and illegal if they will limit the use province-owned properties in the Banilad and Talamban area.

Aside from Rama, the other lawyers in the city council are Councilors Hilario Davide III, Gerardo Carillo, Edgardo Labella and Jose Daluz III.

The congressman said he does not want to do it, but he will be compelled to file a disbarment case against the lawyers for being ignorant of the law or “if they know the law, they persist in doing the act.”

The governor, who was present when her brother told the reporters of his threat, said “I think my brother is just kind enough that they were given a warning on the consequences.”

But Labella, Davide and Daluz say they welcome the move of the governor’s brother against them.

Labella, who used to be an Ombudsman director before he joined politics, said the city’s move of prohibiting the Capitol from developing its lots for commercial purposes is intended for the general welfare of some 5,000 urban poor families occupying the lots.

“Ang tumong sa ordinansa mao nga aron dili mapalayas gikan sa ilang gipuy-an nga yuta sa probinsya ang mga urban poor families nga nagpuyo sa lote sa dugay nang panahon,” Daluz said.

He added that they have learned that when the former governor general allowed the Province of Cebu to own part of the former Banilad Friar Lands, it was clearly stated that the lots should be used only for public purposes.

Davide also said the City Council will not be threatened from enacting the proposed ordinance that will reclassify the use of the province-owned lots that will be submitted to third and final reading before the council tomorrow.

“If they will go on with their threat to file a disbarment case against us, we are ready to face it. Anyway that will be good because it will enrich our jurisprudence,” Carillo said.

The proposed ordinance of Carillo that will be amended in tomorrow’s session will allow Capitol to develop its lots, but only for public use.

Rep. Garcia reminded the Cebu City Council of the Supreme Court ruling in the case of City of Manila and a motel operator that the High Tribunal has affirmed the local court that declares illegal its ordinance that banned the operations of motels in Malate.

“We will wait for their action. If they will follow the action of the mayor, I will advise the legal of the province to declare the ordinance unconstitutional and void,” the 3rd District congressman said.

He also advised Davide to ask his father, former Supreme Court Chief Justice Hilario Davide Jr. whether the city’s move is legal.

The Capitol officials also threatened to file separate cases against the other councilors who will support for the enactment of the ordinance.

It was Mayor Tomas Osmeña who instructed the City Council to pass such ordinance hoping that it will help the 5,000 urban poor families from being evicted from their place.

The province-owned lots are located in barangays Apas, Luz, Busay, Camputhaw, Capitol Site, Kalunasan, Kasambagan, Lahug, Lorega, Mabolo and Tejero, which are the same barangays covered by Provincial Ordinance 93-1 that allowed its occupants to buy their lots.

Nothing Irregular

Osmeña said there is nothing new and irregular with the proposed ordinance that will re zone all public lands, whether province, national or city owned, only for public use.

He said the City is just a putting a freeze to any development that will jeopardize developments of the rest of the northern barangays.

“There is nothing unusual with that, we just don’t want to clog the area since it is the only access to Binaliw, Talamban, Agsungot,” Osmeña said.

One very good example he cited was Beverly Hills when everyone wants to put up high rise buildings before and then they were told that allowable building is only up to three floors. — with Ferliza Contratista/NLQ (THE FREEMAN)