Binmaley council remains in a tussle
BINMALEY—The tussle at the Sangguniang Bayan (SB) here is far from over.
During the council’s session last Tuesday, another heated and circuitous discussion ensued when Councilors Franco Francisco and Ellen Alipio Alipio insisted that the controversial session they held the previous week was in order and that the resolution approved during that session is legal.
On the other hand, Vice Mayor Pete Merrera, SB presiding chair, insists that the resumption of the session after he had adjourned the special session on Aug. 18 is unlawful.
In a letter dated Aug. 28 addressed to SB Secretary Liezl Camacho, Merrera said, “Any official who resumes the session that has already been adjourned is a de facto officer who has no color of right or title to preside even as temporary presiding officer for the simple reason that the presiding officer duly appointed by law is the vice mayor, referring to the undersigned”.
Merrera said any minute or journal proceeding taken during the resumption of the session is absolutely null and void and of no legal force nor effect.
However, perusal of the transcript of the journal proceeding will show that the minutes or actions taken during the resumption of the supposedly unlawful session presided by a de facto officer, Alipio, is included, he said.
Merrera added that since the journal proceeding will be signed and approved by him as presiding officer, he requested Camacho’s office to exclude the journal proceeding referring to whatever minutes taken during the resumption of what he asserts to be an unlawful session.
He also requested Camacho to prepare an exclusive and separate transcript of the journal proceeding duly presided by him from its inception up to its adjournment.
“Please be reminded that the proceedings taken during the said resumption is a clear and willful violation of law, subjecting all the councilors who participated in the said resumed session for possible usurpation of authority penalized under the Revised Penal Code,” Merrera said in his letter.
Merrera has earlier threatened to file a graft case against the councilors involved in the issue.
Alipio, meanwhile, being the majority floor leader, also refused to continue with the agenda last Tuesday when Merrera told her to do so, an act that prompted Councilor Jovito Castro to move for the adjournment seconded by Councilor Edgar Mamentaas.
The impasse started with the move of the majority members of the council to grant certification to a proposed P55-million loan from the Land Bank of the Philippines initiated by Mayor Lorenzo Cerezo.
Merrera insists they cannot do so unless all the required documents as listed in a previous resolution are submitted.
The special session in question was called by Cerezo as the deadline for the submission of the documents was to lapse August 22.—Eva Visperas
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