Only a court order can stop "Piso mo, Hospital ko" City lawyers: CCMC fund drive to go on

CEBU, Philippines - The Cebu City government will continue to solicit for donations for its "Piso Mo, Hospital Ko" campaign until a court order stops it from doing so.

This was the collective stand of Cebu City lawyers following a meeting to thoroughly discuss the point raised by Deputy Ombudsman for the Visayas Pelagio Apostol that the city must secure a permit first before pushing through with the fund drive.

Apostol told the media the other day that the city's effort to raise funds for the rebuilding of the Cebu City Medical Center is illegal because the city government does not have a permit to solicit from the Department of Social Welfare and Development. He added that no matter how noble the intention of the fund drive is, there are rules to be followed when it comes to making solicitations.

But city attorney Jerone Castillo said Presidential Decree 1564 or the 1978 amendment to the Solicitations Permit Law referred to by Apostol does not state that a local government unit must secure a permit before conducting fund raising efforts.

"With all due respect, I do not agree with the deputy ombudsman. We had a meeting with all the lawyers of the city legal and we are one in saying that there is no need for a permit," Castillo said.

As a legal matter, he added that his office has to take a stand, saying the collection of donations will continue "unless there is a court decision for us to stop collecting."

For a court order to be issued, a complaint must first be filed for the court to decide on, he said.

Apostol yesterday, however, insisted that the Cebu City government must stop collections for the "Piso Mo, Hospital Ko" campaign and continue with the fund drive only after it has secured a permit from the DSWD - 7.

"Yun ang batas kailangan sundin ang guidelines. Nakakahiya sa atin if di tayo sumusunod," he said, adding that the DSWD has issued Administrative Order (AO) No. 14 Series of 2007 or the Revised Omnibus Rules and Regulations on Public Solicitations based on Presidential Decree No. 1564 of 1978 as amended by Act 4075 otherwise known as Solicitation Permit Law.

Section 2 of  the said law states that any person, corporation, organization or association desiring to solicit or receive contributions for charitable and public welfare purposes shall first secure a permit from the Regional Office of the Department (DSWD).

Apostol said the law does not exempt public or private organizations, saying that all have to secure a permit from the DSWD for solicitations.

Apostol clarified that he has no other intention of saying that the CCMC fund drive is illegal and that he only answered the questions of the media. He, however, stressed that his comment is a sort of reminder to everybody that there is an existing law on solicitations.

"If na remind na at hindi sumunod, yun bina-violate na ang batas," he said.

He added that when the Office of the Ombudsman held that "Hagit Siyagit Anti-Corruption Concert," they too, secured a permit from the DSWD to solicit funds.

Apostol said many people don't know about the existing law.

Vice Mayor Edgardo Labella, meanwhile, said that although he agrees with Apostol that funds that enter the city coffers must be properly accounted for and that if a permit is really needed the city has to secure one, he is wondering why questions about the fund drive were only raised a month after it was launched.

"At the very outset, this was initiated by a private group that the mayor just echoed. But if there's a basic need for a clear permit then we will follow. Pero kaniadto pa unta (permit)," Labella said.

The city government launched the "Piso Mo, Hospital Ko" campaign last month after the 7.2 magnitude earthquake that hit the Visayas left the CCMC severely damaged.

The proceeds of the campaign will be used to fund the rebuilding of the CCMC, which was declared unsafe to use by the Office of the Building Official (OBO).

As of Nov. 21, the campaign has raised P7,811,092.16 according to the City Treasurer's Office.

Meanwhile, the city government yesterday received a P500,000 aid from the Iligan City government.

Iligan City Mayor Celso Regencia personally handed the aid to Cebu City Vice Mayor Edgardo Labella since Mayor Michael Rama was still out of the country.

"Kining gamay nga kantidad kinasing-kasing nga tabang para sa linog," Regencia said.

The Iligan mayor, who used to be the city police director there, recalled how the Cebu City government helped them when typhoon Sendong ravaged their area in 2011.

Labella, meanwhile, said the decision on where to spend the aid, be it for CCMC reconstruction or some other project, is up to the mayor. — /QSB (FREEMAN)