JVR may face admin charge, says DILG

CEBU, Philippines - Talisay City Mayor Johnny de los Reyes could be charged for engaging in a contract with a private firm without the City Council's approval, the Department of Interior and Local Government said.

Lawyer Ayesh Nogra, DILG-7 legal division chief, said based on the Local Government Code, a mayor should secure an approval of the council when entering into a contract and other agreement that will use the name of the place he represent.

As reported earlier, de los Reyes signed an agreement with A-Plus towing services last month. Vinerando Tecson, chief of City of Talisay-Traffic Operation Division Authority (CT-TODA) Council, said the act of the mayor is legal since it has the approval of CT-TODA Council. He said the power of CT-TODA Council and the city council is just the same.

The CT-TODA Council is composed of Valeriano, Councilor Valeriano Ylanan as the chairman, city engineering, and a representative of the Department of Public Works and Highways, among others.

The council implemented the towing of vehicles since last month. City Treasurer Emma Macuto, however, questioned their operation after a concerned citizen lodged a complaint, saying that he was charged P3,200 for illegal parking. Macuto said based on the traffic code ordinance, illegal parking violation has a fine of only P300.

Macuto added that she could not remember as to when the city government tapped the services of a towing company.

"I should also be informed og naa man gani 'na kay kinahanglan man 'na og approval sa city council," she said.

She said she was given 25 citations without the official receipt of the city, but that of the private towing company instead.

Tecson said in the agreement signed between the mayor and James Tan, the owner of A-Plus towing company, the city government is entitled to a 10-percent share of the total income.

Macuto said she has received the partial amount.

Nogra said the contract entered into by the city mayor could not be implemented for its failure to secure the City Council's approval.

She said if they forcibly implement the contract, they could be charged administratively.

The mayor, however, can correct his action by ratifying the contract through the council, said Nogra.

Vice Mayor Romeo Villarante earlier said that those who were apprehended and charged with the excessive amount could file charges against the mayor.

"Nagpakita lang ni sa pagka-wala'y kabangkaagan sa mayor nga mopirma lang og kontrata nga wala siya masayod og unsa'y nalatid ini," he said.

Last Tuesday, during the council's regular session, Councilor Aldin Diaz asked Tan to appear in the next session to enlighten them on the issue involving his company. — (FREEMAN)