Administrative case vs. Domantay dismissed
LINGAYEN–The Sanguniang Panlalawigan (SP) Committee on Good Government and Accountability of Public Officials has cleared Malasiqui Mayor Armando Domantay Sr. of the administrative charges filed against him over the transfer of several monuments of heroes in the town center.
At the same time, the committee has recommended the suspension of further proceedings on another administrative charge against Domantay involving the contract he signed with the Magic Group of Companies for the lease of a public land across the municipal hall.
These administrative cases were jointly filed by former Vice Gov. Oscar Lambino and a certain Mario Armas.
On the case involving the transfer of statues, the SP committee ruled “as being without factual and legal basis” the charges for grave misconduct and abuse of power and authority on the demolition and transfer of the monuments of Dr. Jose Rizal and Gat Andres Bonifacio without authority.
The recommendation, authored by Board Member Alfonso Bince Jr. and signed by 11 board members, said Domantay acted well within the authority granted him by the Sangguniang Bayan of Malasiqui and without objection from the National Historical Institute.
“…the transfer of the monuments were done in good faith and for a more beautiful and patriotic site for the two national heroes,” the report, dated February 1, 2010, said.
The two statues were relocated about five meters from their original site in front of the municipal hall to give way to the bust of a local hero, Gen. Francisco Joves, which was part of the renovation and redecoration of the municipal hall.
LEASE WITH MAGIC
On the lease contract case, the committee is suspending further hearings on the matter until the legality of a municipal ordinance and a Sangguniang Bayan resolution, on which the contract with Magic is based, is finally resolved by the Regional Trial Court (RTC) of San Carlos City.
Before the administrative complaint was filed before the SP, complainant Armas questioned the legality of the ordinance and resolution through a civil case filed before the RTC for injunction with prayer for the issuance of preliminary injunction and/or temporary restraining order to stop the construction of the Magic Mall.
This case is still pending before the court.
The provincial board’s committee report said, “This committee is without competence to rule on the legality of municipal ordinances and resolutions as this is purely a judicial function. More so in the instant case as this issue is brought squarely before the courts”.
The ordinance and the resolution in question meant to give the mayor the authority to negotiate and enter into a contract of lease with the Magic Group for the use of a 1,800 square meter lot owned by the municipality of Malasiqui.#
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