Illegal ordinance cannot lapse into law—Lambino

By September 20, 2009Headlines, News

MALASIQUI—Former Vice Governor Oscar Lambino lashed out at Mayor Armando Domantay anew for claiming that the controversial ordinance he used as basis in entering into a lease contract with Magic Group of Companies already lapsed into law and therefore valid.

“On the contrary, it is not – an ordinance which was null and void from the very beginning cannot lapse into law,” said an obviously piqued Lambino.

Domantay contended that Ordinance 005-2003 of the Malasiqui Municipal Council automatically became a law when the provincial board failed to return it to the council within the 30-day period set out under the Local Government Code.

The proposed ordinance was submitted to the Sangguniang Panlalawigan for approval but was rejected and remanded back to the Malasiqui council.

It covered the conversion of the more than 1,100 square meter government-owned property beside the municipal hall for private or commercial use.

Lambino, who was vice governor then and presiding officer of the provincial board, said he himself, ordered that the ordinance be remanded back to the municipal council.

He maintained that the questioned ordinance was null and void because it did not have the required number of votes by the SP.

Further, Lambino said his brother Osmondo, former Malasiqui mayor, has entered an intervention in the case filed before Branch 57 of the Regional Trial Court against Domantay and other municipal officials because he knew that the council did not take action on the remanded ordinance.

Domantay had earlier said that the lease contract he executed with Magic for more than 1,100 square meter lot owned by the municipal government was based on a valid authorization provided by the municipal council through a resolution.

At the same time, Lambino maintained that the building being constructed by Magic has encroached on the Binalbalolong River contrary to the claim of Domantay that the company was only doing rip-rapping work.

“The people of Malasiqui have photos to support this and as far as we are concerned pictures don’t lie,” Lambino said.

He further refuted Domantay’s claim that he had the approval of the National Historical Institute when he demolished monuments of national and local heroes at the site.

“The truth is, he already had the monuments demolished before he asked the approval of the NHI as gleaned from a letter of Executive Director Ludovico Badoy.” —LM

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