CEBU, Philippines - Hiring a consultant who already holds a position government is illegal and unconstitutional, said Councilor Edgardo Labella, as he questions the hiring of Labangon Barangay Captain Felix Abella as consultant to the mayor.
Last week, Councilor Jose Daluz III passed a resolution for the Council to approve Abella’s appointment as consultant on real property management under the Office of the Mayor.
But Labella, chairman of the City Council’s committee on laws, said no elective official shall be eligible for appointment or designation in any capacity to any public office or position during his/her tenure, as ruled by the Supreme Court in the case of Flores vs. Drilon.
The case involved then Olongapo mayor Richard Gordon who was appointed as chairman of the Subic Bay Metropolitan Authority.
“The Supreme Court ruled that Gordon was ineligible for appointment throughout his tenure, but may resign first from his elective office before he may be considered for appointment,” Labella said.
The Supreme Court said further that a public officer or employee should be allowed to attend his duties and responsibilities without the distraction of other governmental duties or employment.
“He should be precluded from dissipating his efforts, attention and energy among too many positions of responsibility, which may result in haphazardness and inefficiency,” the high court said.
It can be recalled that former city councilor Arsenio Pacana once hired the services of Marietto Sanchez as consultant, but the committee on laws said eventually Sanchez could no longer become consultant after he won in the 2007 barangay elections as councilman of Barangay Luz.
“This cannot be legally done for being unconstitutional, unless Hon. Marietto Sanchez resigns as Barangay Councilor,” the committee ruled at that time. (FREEMAN NEWS)