AMID CORRUPTION CHARGES

FOR ignoring the invitation of the SP for at least 10 times and since he refused to refute the accusations leveled against the him and the market marshals by the fish vendors, “then I consider all these allegations to be true”, an exasperated Dagupan City  Councilor Teresa Coquia said.

She manifested her dismay over the refusal of City Mayor Brian Lim to direct Market Supervisor Aguedo Sta. Maria to appear before the city council to respond to the allegations of corruption in his office.

The allegations made public by fish vendors during regular sessions of the Sangguniang Panlungsod include the collection of protection money, the unlawful collection of excess payment of cash tickets beyond that which was prescribed by the Revised Market Code of 2006, abusive attitude of market marshals, messy and disorder in all the public markets etc.

Recalling that the SP had asked Mayor Lim twice to instruct Sta. Maria to appear before the SP to answer all the allegation against him made by the vendors, she wondered” “Why is Mr. Sta. Maria afraid to come to the SP. If  he believes that he is not guilty and did not do anything that is immoral and illegal, he should be brave enough to tell this to us in the SP”.

Councilor Jose Netu Tamayo, who presided the session, however, pointed out a DILG  Legal Opinion  No. . 25, series of 2020 which was issued in answer to an earlier query made by City Councilor Joselito Macrohon of Zamboanga City stating” “It is a settled rule that the Sanggunian cannot compel the attendance of any person before it in aid of legislation”.

According to Tamayo, the legal opinion  further states: “It can, however, be safely stated that by invoking the aforecited duty of the City Mayor to furnish the necessary information and data to the Sanggunian, the latter may exact that duty for the mayor by requiring the mayor or his duly authorized representative to be present in any session to present the information and data required by the Sanggunian.”

Tamayo offered the legal opinion that “the mayor has the power to alter reverse and modify the acts of his subordinates and in deference to the power of control of the city executive, it is just but proper and legal that a department head or any office under his control should first secure permission or approval of the mayor before any appearance is made, in aid of legislation”.

On the quasi-judicial function, he said the Sanggunian can compel the appearance of any person pursuant to the subpoena  powers under Rule 65, Section 65 of the Local Government Code and in recognition of the right of the respondent to confront and examine witnesses, then the Sanggunian is allowed to issue compulsory process for subpoena duces tecum, the opinion stated.

However, Tamayo clarified that in the event the Sanggunian cannot punish any person for contempt, it can invoke the aid of the regional trial court to cite that defiant person in contempt.

The councilors took note of the information shared by Tamayo but no action was taken on the floor. (Leonardo Micua) 

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