FORMER Vice Governor Oscar Lambino lambasted Provincial Legal Officer Geraldine Baniqued for defending the municipal government of Malasiqui in a civil suit questioning the validity of the lease contract entered into by Malasiqui Mayor Armando Domantay and the Magic Group of Companies.

“Nakakahiya eh. She (Baniqued) contradicted herself by lawyering for Domantay.” Lambino said.

Baniqued, in her capacity then as provincial legal officer under the Agbayani administration, submitted the legal opinion that led the provincial board to reject and remand the same ordinance that Domanatay invokes today, to the municipality describing it as illegal.

Lambino and Baniqued had a face-off on Wednesday during the breakfast forum “Eng-kwentro” sponsored by the Pangasinan Press Club.

For her part, Baniqued defended herself saying she is in a very difficult situation because she is left without a choice but to represent Domantay and the Malasiqui local government as the provincial legal officer today.

Baniqued said amongher duties as provincial legal officer is to represent the province and component Local Government Units in any civil suit, citing decided cases of the Supreme Court, particularly in case of Pililia, Rizal versus the Court of Appeals that held that “an LGU cannot be represented by any private practitioner, except under certain circumstances”.

Lambino, on the other hand, insisted that Baniqued should have inhibited herself out of “ethics and delicadeza.”

“She (Baniqued) made a legal opinion that was adopted by the committee (on laws and ordinances). So she should not have accepted the lawyering for Domantay because it involves a proposed ordinance where she made a legal opinion na mayroong defects.”

The proposed ordinance, seeking the conversion of 1,100 square meter prime lot of the municipality from public to commercial use, was submitted to the provincial board, which in turn remanded it back to the council following the opinion issued by Baniqued saying the content is defective.

Lambino was the vice governor and presiding officer of the Sangguniang Panlalawigan in 2003 when the proposed ordinance was remanded back to the municipality based on Baniqued’s legal opinion.

Baniqued, however, clarified that when she rendered the legal opinion, she simply made a recommendation and it was not her who enacted the ordinance or who decided on it.

She also protested Lambino’s description of her as “lawyering” for Domantay.

“The word ‘lawyering’ kasi is parang one is advocating. It is not simply advocacy. If this humble representation will not represent the municipality of Malasiqui who will represent the municipality of Malasiqui then?”

She warned that if she will not represent the municipality, then there is a possibility that all the proceedings will be declared null and void.

The issue stems from the contract entered into by Domantay and Magic involving the lease of a 1,100 square meter lot owned by the municipal government for commercial development.

It will be recalled, Baniqued also served as Dagupan City legal officer during the administration of Mayor Benjamin Lim, the president of Magic Group of Companies.

Lambino said that in standing for Domantay in that civil case, Baniqued put the credibility of the provincial board at risk, since the questioned document was actually remanded by it to the municipal council in 2003.

Among the defects cited by Lambino was the fact that the questioned Ordinance No. 005-2003 was passed by only five members of the municipal council when Republic Act 7160 (Local Government Code) requires a 2/3 votes of all the members of the council. Further, he said the ordinance should have undergone public hearing and that there should have been public bidding for the plan.

Baniqued further countered: “What simply is the issue here is the present contract of the municipality with Magic. This is a resolution which was passed by the municipal council in 2009. It is not a resolution or ordinance or any legislative measure which was passed in 2003, 2004 or any other year.”

Lambino disagreed. He said what was being assailed in the civil case filed by Armas against Domantay and Magic is the validity of the contract of lease that was based on an ordinance that had no effect.

CIVIL CASE

A private citizen, Mario Armas, has filed a civil case against Domantay and other officials of Malasiqui, citing the contract as void because it was based on a proposed municipal council ordinance (No. 005-2003) that was never approved.

Armas also contended that the contract of lease entered into by Domantay and Magic “was consummated under the cloak of secrecy”.

Armas also pointed to Baniqued as the lawyer who notarized the contract.

“What is lamentable here is, it was Atty. Baniqued who notarized the contract of lease  and the period of the contract  is 40 years, contrary to the Constitution which even a first year law student would know that what is required is 25 years”, Armas said.—LM

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