LINGAYEN—Malasiqui Mayor Armando Domantay and the Magic Group of Companies are applying a new tact as their defense in the civil case pending against them before the Regional Trial Court in San Carlos City.

Atty. Francisco Baraan III, the new lawyer for Domantay and Magic, now claims that Ordinance No. 005-2003 was, in fact, validly approved contrary to legal opinion issued Provincial Legal Officer Geraldine Baniqued in her legal opinion”.

The ordinance in question was remanded to the Malasiqui by the provincial board after Baniqued submitted the opinion that the ordinance defective since only five members were present to approve present and no public hearing as required by law was conducted.

Ironically, Baniqued, as the Provincial Legal Officer, earlier acted as counsel for Domantay in the civil case filed by former Vice Governor Oscar Lambino and Mario Armas since Malasiqui is one of the municipalities of Pangasinan without a legal officer.

The 2003 ordinance is being used as the basis for the lease contract agreement entered into by the Malasiqui municipal government headed by Domantay to the Magic Group for the construction of a commercial mall on a public land at the center of town.

This time, Baraan asserts that Baniqued’s position was only a legal opinion and it is for the court to determine whether its legality.

He further contends that the ordinance actually does not fall under Section 21 of the Local Government Code because the land in question beside the municipal hall is actually a patrimonial property, not public property.

Section 21 of the Local Government Code enumerates what properties are for public use, like plazas, markets, and roads as these are open at any time to the public, he added.

Under the law, patrimonial property needs no conversion, he added.

The lot in question used to be the occupied by a building that hosts several offices of the municipal government as well as two statues of local heroes. The offices and the statues have been relocated and this action has also been put into question.—LM

BARAAN, COMPLAINANT LOSE COOL

Meanwhile, the legal battle in the administrative case against Domantay is taking its toll on the two protagonists.

Baraan and one of the complainants, Mario Armas, nearly exchanged blows in front of members of the media after a hearing on the case before the committee on good government of the Sangguniang Panlalawigan (SP) last Friday.

After the hearing, while Armas was being interviewed by the media, Baraan wanted to butt in, prompting the former to tell the lawyer that  “you are (being) unethical”.

Earlier at the hearing, the two were already began their verbal brawl. Armas decried the continued delay in the submission of the position paper defending Domantay while Baraan described Armas as a non-lawyer who cannot understand the proceedings of the committee.-LM

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