Rama lets courts decide Manggahan issue

CEBU, Philippines - Cebu City Mayor Michael Rama will file charges against the 14 Bando Osmeña-Pundok Kauswagan (BOPK) city councilors who delegated control of a Sitio Manggahan, Barangay Punta Princesa covered court to a homeowners association.

City Councilors Margarita Osmeña, Gerardo Carillo, Nida Cabrera, Sesinio Andales, Alvin Arcilla, Alvin Dizon, Lea Japson, Noel Wenceslao, Eugenio Gabuya, Nestor Archival, Roberto Cabarrubias, Richard Osmeña, and ex-officio members Association of Barangay Councils Michael Ralota and Sangguniang Kabataan Federation President John Philip Po voted for Punta Princesa Manggahan Homeowner's Association, Inc. (PPMHOAI) to manage the covered court in the council's regular session last Wednesday.

“Di na mahimo nga puros nalang (It cannot be that everything is done through) voting sa (in the City) Council; mao nang dalhon sa korte para maklaro kinsa ang daog. Klarohon gyud na,butangan og rason aron inig abot sa korte, hala korte ang papilion.  Sila nalang bay mag-mayor ug ako nalang mag konsehal (that is why I am bringing this to the court to determine who really wins.  We need to set this straight, establish the reasons, for the court to decide. Why don't they become the mayor, and I the city councilor?)” Rama said.

Holding the majority in the city council, BOPK councilors passed the ordinance “allowing the use of Sitio Manggahan covered court within the territorial jurisdiction of the Punta Princesa, City of Cebu for sports and recreational activities and other activities thereof, providing for its management and for other purposes.”

Section four of the draft ordinance states that management shall be given to the PPMHOAI.

Rama's allies, City Councilors Mary Ann de los Santos, Dave Tumulak, James Anthony Cuenco and Hans Abella objected to the idea, prompting Vice Mayor and Presiding Officer Edgardo Labella to call for the division of votes.

Abella argued that the covered court is a “city-owned property and the august body cannot just assign the management and supervision to private entities who are not accountable officers of the law.”

He cited Section 335 of Republic Act (RA) 7160, otherwise known as the Local Government Code of the Philippines, which provides that no public money or property shall be appropriated or applied for private purposes.

Abella said this is in consonance with the “fundamental principle in local fiscal administration” that local government funds and money shall be spent solely for public services.

De los Santos also said that the ordinance violates Section 375 paragraph B of RA 7160 that “provides strictly, unconditionally and unequivocally that buildings and other physical structures shall be under the accountability and responsibility of the mayor.”

“The homeowners should not manage in behalf of the barangay or the City Government, this being stipulated in Section 391 of the Local Government Code,” she said.

She also said a portion of the same law that states that the “Sangguniang Barangay shall regulate the use of multi-purpose hall, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities; barangay waterworks, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay.”

If this would be the case, control of the covered court should have been handed to Punta Princesa Barangay Captain Jose Navarro, a vocal critic of former mayor and former south district congressman Tomas Osmeña.

Voting 14 against four, however, the city council approved Carillo and Gabuya's ordinance.

This means PPMHOAI president Alejandro Tabelino would be appointed as caretaker or administrator of the basketball court, in accordance to the wishes of Osmeña, whom Rama defeated in the elections last May.

The homeowners had argued that the covered court was built using P2 million from then congressman Osmeña's Priority Development Assistance Fund.

In the city council's session last Sept. 25, when the ordinance was first presented for final deliberation, discussion became heated that the body decided to postpone tackling it. — /RHM (FREEMAN)