MINORITY THREATENS SUIT

THE majority bloc in the Dagupan City Sanggunian Panlungsod composed of eight councilors finally approved the Comprehensive Land Use Plan (CLUP) of the city for the period 2015 to 2025 Tuesday night but not without a possible further opposition by the minority led by Vice Mayor Brian Lim.

Minority Leader Redford Erfe-Mejia said his group is set to question before the court the legal process by which it was approved. They maintain that the approval was done after the presiding officer adjourned the meeting.

The question was raised after the majority continued the session upon the advice of Atty. Joseph Apolonio, a legal officer of the Department of Interior and Local Government (DILG), whose opinion the majority sought on the correct parliamentary procedure whether the presiding officer can adjourn a session without resolving the objection to the motion to adjourn.

Three councilors–Alfie Fernandez, Guillermo Vallejos and Erfe-Mejia – and Vice Mayor Lim left the session hall after the latter banged the gavel despite the objection to the motion to adjourn moved by Vallejos and seconded by Erfe Mejia.

The eight councilors, namely Maybelyn Fernandez, Karlos Reyna, Jose Netu Tamayo, Jesus Canto, Alvin Coquia, Jeslito Seen, Marvin Fabia, and Marcelino Fernandez reconvened to finish all items in the agenda, including the CLUP, which the minority tried to exclude in the calendar of business of the regular session.

Mr. Lim earlier ruled that the CLUP be stricken off from the agenda since the chair of the land utilization committee, Councilor Alfie Fernandez, recommended in his committee report that it be re-submitted for further study.

Only Councilors Fernandez and Erfe-Mejia signed the report.

Councilor Tamayo, a lawyer, said he objected to the motion to adjourn because the body had not voted on his motion appealing the recommendation of committee headed by Councilor Fernandez to strike off the inclusion of the CLUP on second reading from the agenda.

Councilors Tamayo, Marvin Fabia, Jeslito Seen and Karlos Reyna had submitted a dissenting opinion to the Fernandez report which recommended that the CLUP be tackled by the SP as substantial hearings and consultations had already been made and all the requirements have already been complied with.

Mr. Tamayo’s motion to overrule the adverse ruling of the presiding officer when a motion to adjourn was presented, to which he also objected.

In an interview later after the session, Tamayo said: “Ours was the committee report since it was signed by four councilors who are committee members while his (referring to Fernandez’s report) was signed only by him and the minority floor leader.”

It was the dissenting opinion signed by the four councilors and not the Fernandez’s report was the basis of Councilor and Majority Floor Leader Maybelyn Fernandez for including the CLUP in the agenda, for second reading, an item which the presiding officer wanted to be stricken off.

But in the welter of the floor debate, after the respective privilege speeches of Councilors Fernandez and Erfe Meijia, Mr. Lim obviously sided with the two and entertained the motion of Councilor Vallejos to adjourn despite the objection of Tamayo and his colleagues.

When Mr. Lim and the three councilors in the minority left the session hall, the eight councilors who remained voted to resume the session, arguing that the presiding officer abused his authority by adjourning the session despite the objection of the majority and that there are still many items in the agenda to be finished.

Councilor and presiding pro tempore Karlos Reyna said, “We continued with the proceedings because the adjournment (by the presiding officer) was improper. We had an agenda to tackle. We were still in the middle of the agenda when one councilor in the minority moved for adjournment and we objected ,” said Reyna.

He said based on the power vested in him as the presiding pro tempore, he reconvened the session, which was agreed and voted upon by all eight councilors present.

Reyna, who later relinquished the chair to Tamayo to propose the approval of the CLUP, said the CLUP is actually a road map for progress and development and a guide for land uses in the city for the next 10 years.

He said while all the other seven cities of Region 1 already updated their respective CLUP, the city of Dagupan has not updated its own and is still using a CLUP enacted in December 1981.

At the same time, Mr. Reyna questioned why the Fernandez report was only submitted last May 27 and proceeded to argue that the measure had to be approved by the present body of councilors because it is they that thoroughly studied the proposed measure and to postpone it would be a huge waste of resources.

The SP conducted at least five public hearings and the latest one was held November 26, 2015. (Leonardo Micua)

Dad wants Vice Mayor Lim disciplined

DAGUPAN Councilor Jose Netu Tamayo wants Vice Mayor Brian Lim disciplined for allegedly abusing his authority as presiding officer when he adjourned the regular session last week before other pending issues could be resolved.

During a press conference last Wednesday, he cited the rule that when the presiding officer or any members is found to have abused his authority, he is subject to disciplinary action by the SP.

He said the vice mayor disregarded parliamentary rules in abruptly adjoining the session when the majority objected to the motion to adjourn.

He added that those who left the session hall clearly waived their right to discuss and debate the Comprehensive Land Use Plan (CLUP).

He allayed fears of Councilor Alfie Fernandez that the CLUP will entail reclassification and conversion of land since property owners seeking to reclassify and convert their lands from agricultural to commercial will still need the approval of the SP.

Councilor Tamayo denied insinuations by Mr. Fernandez that corruption was evident in the approval of the CLUP, it being a midnight ordinance. He argued that subsequent discussions on the CLUP will still be undertaken under Mayor Belen Fernandez and Vice Mayor Brian Lim who were re-elected for another term.

Informed that the minority councilors and Lim are mulling over to file a case questioning the approval of the CLUP by the majority, Tamayo said he is willing to face any case to be filed by members of the minority councilors in connection with the approval of the CLUP.

The SP will hold its last session on June 21 this year to approve a zoning ordinance in relation to CLUP.

Others who voted for approval of the CLUP are Councilors Jesus Canto, Alvin Coquia and Marcelino Fernandez. Councilor Jeslito Seen abstained in the voting to avoid possible conflict of interest.  (Leonardo Micua)

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