Over ‘invalid’ ordinance: Execs face raps

CEBU, Philippines – Officials of San Francisco town in Camotes Island are facing administrative complaints before the Provincial Board for the continued implementation of a local ordinance, which the court has declared “invalid”.

Former councilor Edgardo Maningo accused the town’s current councilors and former acting mayor Aly Arquillano of committing grave misconduct, abuse of authority, and oppression.

He filed the complaint last week.

The Provincial Board’s committee on complaints and investigation will look into Miningo’s complaints.

The respondents of the complaints are Allan Arquillano, Aaron Capao Jr., Avelino Obenza, Hector Capao, Alejandro Cartagena, Renato Borromeo, Aurelia Andrade, Silvestre Formentera Jr., and Nerisa Arquillano.

Maningo said these officials have defied the court decision by the continuous implementation of Ordinance 2014-098 or the Purok System.

Court Ruling

Danao City Regional Trial Court Branch 5 Judge Jerry Dicdican has declared the ordinance invalid due to the absence of its required publication, mandated under the Local Government Code (LGC).

“All considered, the court is of the opinion that the enactment of Ordinance 2014-098 was not in accordance with the prescribed procedure of the LGC governing ordinances with penal sanctions. Hence, invalid,” Dicdican said in an 11-page decision dated February 2, 2016.

“The ordinance is invalid for being formally infirm as it was never published in accordance with the prescribed procedure by LC, which governs its formal validity,” Dicdican said.

Citing the case City of Manila vs Lagulo, Dicdican emphasized two categories in determining the validity of an ordinance - formal and substantive.

He said it must not 1) contravene the Constitution or any statute; 2) be unfair or oppressive; 3) be partial or discriminatory; 4) prohibit but may regulate trade; 5) be general and consistent with public policy; 6) be unreasonable.

Dicdican found out that the ordinance did not establish parameters by which the purok clearance will be issued to.

“In sum, the imposition of purok clearance under the Purok Ordinance breaches due process consideration as the means adopted is oppressive and unreasonable. The discretion has been shown to be unbridled and is so invasive that it fails to pass the test of reasonableness,” he said.

However, Dicdican said the ordinance neither creates political subdivisions in the form of puroks nor constitutes a breach on the right of the people to associate with the creation of the puroks.

“But for violations of basic tenets of due process, the court is of the opinion that the purok clearance and prohibition on transfer of puroks are violations of the Constitution and are thus declared unconstitutional,” he said.

Alleged Abuse

Maningo said that by still implementing the ordinance, the town officials are violating the people’s constitutional right to associate freely.

This is because the ordinance is making membership of every resident to a purok compulsory.

On top of this, Maningo said, “the ordinance violates the liberty of abode, preventing inhabitants from transferring to another purok if they still have outstanding obligation.”

He said residents are required to secure a purok clearance before they could be issued a barangay clearance.

The problem, Maningo alleged, is that residents who do not support the administration are allegedly given a hard time securing clearances.

He said “the ordinance is vulnerable to political abuse as the issuance of Barangay clearance requires the Purok clearance” and because all the purok presidents were appointed by the municipal mayor.

In fact, he said, the ordinance has been causing standoffs between the town officials and residents, particularly in availing of calamity assistance and government programs.

“Ang mga tawo ipa-secure og purok clearance aron maka-avail sila og assistance sama sa nahitabo pag-Yolanda in 2013,” he said.

A purok clearance costs from P10 to P25. The town has 120 active puroks.

San Francisco's purok system was developed by former mayor Alfredo Arquillano, Jr. during his second term in 2004.

In 2011, the town won the United Nations Sasakawa Award for Disaster Risk Reduction because of how it made use of the purok system to save lives during calamities.

The zero casualty during Typhoon Yolanda was also attributed to the system. —/JMO (FREEMAN)