Talisay dad threatens to file cases vs. SP

CEBU, Philippines – An opposition councilor in Talisay City has warned of possible administrative cases against the majority bloc in the council if it would insist on imposing rules which in the process would suppress the rights of the minority.

"The internal rules must conform with the provisions of the Local Government Code. If it is used to suppress the interest of the minority, the person responsible therefore may be administratively held liable for oppression, abuse of discretion, violation of the Code of Conduct and Ethical Standards for Public Officials and Employees and Section 3 subparagraphs (e) and (f) of the Anti-Graft and Practices Act, RA 3019," said Councilor Romeo Villarante, quoting a portion of the reply of Pedro Noval Jr., regional director of the Department of the Interior and Local Government 7.

Villarante, one of the three opposition councilors in the Talisay City council, said he is set to move for the amendment of their House Rules, especially on the part where it provides that only the committee chairmen can sponsor or author resolutions and ordinances.

Section 3 of Rule X (Ordinances and Resolutions) states that "Only the Chairman of the Committee may pass or sponsor an ordinance or a resolution with the subject pertaining to his committee.

Any member of the committee may likewise pass a measure provided he/she shall have obtained the authority from the Committee Chair."

The House Rules was approved during the council's inaugural session last July 13, and according to Villarante, who is a lawyer himself, they did not question it then as Vice Mayor Alan Bucao of the administration had asked that they would just approve it and if they want some changes in it, they could do it some other time.

Villarante said that that part should be amended, as their task, being a minority, is limited, when their main job is to legislate.

Presently, only the members of the administration bloc, who each heads two committees each, have the power to propose and file legislative measures in the council.

It was last Sept 15 when Villarante asked for the legal opinion of Noval regarding the issue.

In his one-page reply dated Sept 17 addressed to Villarante, Noval said that "internal rules and procedure do not have the force of law but are merely in the nature of by-laws prescribed for the orderly and convenient conduct of proceedings." He added that these are "merely procedural and not substantive."

Noval also said these "may be waived or disregarded by the deliberative body." (FREEMAN)