DILG to resume hearing on calamity assistance

CEBU, Philippines - The Department of Interior and Local Government has denied for lack of merit the motion filed by the Cebu City Legal Office seeking for the dismissal of the case on the city government’s granting of P20,000 calamity assistance to its officials and employees in 2013.

The DILG has scheduled next week the resumption of the hearings. The DILG set the preliminary conference and initial presentation of evidence on Monday.

 DILG ruled that the prejudicial question in law and jurisprudence as raised during the hearing to be “untenable to warrant the suspension of the proceedings, much more, for dismissal of the complaint.”

The 1985 Rules on Criminal Procedure defines prejudicial question a ground for the suspension of criminal liability upon the pendency of a prejudicial question in civil action. The rationale behind the principle of prejudicial question is to avoid two conflicting decisions.

 DILG further said that the allegation in the complaint does not rest on the proposition of declaring the City Ordinance 2379 valid or not, rather on the alleged impropriety of giving calamity assistance to city’s employees and officials who reportedly were not affected by calamities.

“Thus, the contention that the department will in effect rule on the validity of the ordinance is without merit,” read the order.

City attorney Gerone Castillo is contesting the authenticity of a DILG order on the resumption of calamity aid hearing and at the same time will file a motion for reconsideration.

 Castillo said they have reservation on the order because they were not properly notified about the recommencement of hearings. The order was issued last February 13 but it was only received by the City Legal Office yesterday.

 He said there is a ground to question the order’s validity since it was just faxed and portions of the 5-page order are not readable.

 The order was not also duly signed by the hearing officer, Atty. Christopher Tiu, but was signed by someone else on his behalf. The name of the signatory, however, was not placed in the document.

Castillo cited that the date for the hearing was also altered with handwriting.

“We have to verify the authenticity of the document because there are certain unclear information in the order,” he said.

Castillo, representing the city officials, had earlier contended that DILG does not have jurisdiction to hear the case.

 He argued that their motion to dismiss or to rule on the special affirmative defense and motion to defer further proceedings, respectively, filed on August 1 and October 13 before the Office of the President are not yet resolved.

 The case stemmed from the complaint filed by lawyer Reymelio Delute after the City Council approved the giving of P20,000 calamity assistance to each of the City Hall officials, including the members of the City Council, and employees. — (FREEMAN)