But Kintanar, who was a councilor from 1988 to 1992, may be barred by the BOPK from participating in today’s regular session of the city council if he cannot produce his appointment papers from Malacañang.
But help may be forthcoming for Kintanar.
The Department of the Interior and Local Government (DILG) said Kintanar can attend sessions of the city council even if he cannot secure yet the original copy of his appointment papers from Malacañang.
Roberto Abejero, DILG Region 7 director, said the department’s central office in Manila has already mailed Kintanar’s appointment papers.
Abejero confirmed that Malacañang, through Executive Secretary Alberto Romulo, had signed the appointment papers of Kintanar, to replace Kusug councilor Firmo Dayao, who resigned last year.
If Kintanar is able to receive the original copy of his appointment papers by today, Abejero said he can issue a certification that the faxed copy of Kintanar’s appointment papers is authentic.
He said Kintanar can present both his certification and the faxed copy of his appointment papers to the city council so he can participate in today’s session.
Still, BOPK councilor Gerardo Carillo and city attorney Ramiro Madarang said they will question the legality of Kintanar’s appointment by filing a petition for declaratory relief with the Regional Trial Court.
Citing Section 45 of the Local Government Code, Carillo argued that it is the BOPK which has the right to nominate Dayao’s replacement and that when Dayao quit, the next councilor following him was automatically elevated to his place, and consequently, with the other councilors.
This means that councilor Sylvan Jakosalem, who was on eighth place, would automatically be elevated to seventh place. In the end, it is the eighth spot that will be vacated.
Since Jakosalem belongs to the BOPK, it is the BOPK, not Kusug, who has the right to recommend Dayao’s replacement, Carillo argued.
If Carillo’s argument is followed, it will be Kusug who has the right to recommend Abellana’s replacement because the eighth slot in the south district is occupied by councilor Dana Ruiz-Sesante, a Kusug member.
Kintanar, who was the number one councilor in the 1988 polls but lost his bid for vice mayor in 1992, took his oath of office before councilor Jose Navarro, president of the Association of Barangay Councils.
Former Mayor Alvin Garcia, who recommended Kintanar as Dayao’s replacement, attended the oathtaking held in front of the historic Magellan’s Cross facing the old City Hall building.
Only three of the 15 members of the city council attended Kintanar’s oathtaking — Kusug councilors Danilo Fernan, Carmelita Piramide and Dan Ruiz-Sesante.
As one of his first acts as councilor, Kintanar said he will question the legality of Mayor Tomas Osmeña’s habit of allowing BOPK councilors to handle executive functions.
Kintanar argued that councilors are supposed to belong to the legislative branch of government, and allowing them to handle executive functions violate the separation of powers of the three branches of government.
Among the city councilors given executive functions by Osmeña were Christopher Alix, who manages the operations of the Cebu City Medical Center; George Rama, appointed to the Department of Public Services; and Sylvan Jakosalem, named to the City Office for Substance and Abuse Prevention.
Vice Mayor Michael Rama, one of the BOPK’s stalwarts, said having councilors handle executive functions is more advantageous and economical for the city. — Freeman News Service