Councilor Lim twice rebuffed by majority
SP INQUIRIES TO CONTINUE
WHAT’S wrong with the Sangguniang Panlungsod (SP) inviting resource speakers who are willing to inform and update the council on matters that affect the city?
Councilor Brian Lim, son of Mayor Benjamin Lim, believes the practice could unduly violate the bill of rights of people whose names might be mentioned in violation of Section 21, Article 6 of the 1987 Constitution.
Citing the possible complication, Lim tried to block two inquiries scheduled by the SP last week, but the majority in the council prevailed in a sudden showdown with the minority.
The first inquiry involved the police giving a briefing on the state of peace and order situation in the city, including on the issue of the illegal game “hataw”, illegal drug trade and recent rise in incidents of crimes.
The invited resource speaker was Superintendent Romeo Caramat Jr., city police chief, who was represented by Senior Inspector Junmar Gonzales, intelligence officer.
Lim said allowing Gonzales to proceed with his briefing on the issues sought by the SP would unduly violate the the bill of rights of certain people. He did not identify the persons he said whose rights could be violated.
By a vote of 5-3, the majority rejected the overture of Lim seeking to stop the briefing of the police officer.
But despite his setback, Lim again moved that instead of conducting the briefing, the police officer just be made merely to submit a written report on the update on “hataw” and various cases that happened in Dagupan to every member of the SP.
Again, the majority, comprising of Councilor Maybelyn Fernandez, Karlos Reyna, Alfie Fernandez, Jeslito Seen and Alvin Coquia thumbed down the new motion.
Supporting Lim were Councilors Redford Erfe Mejia and Chester Gonzales.
The SP proceeded to hear Gonzales and the local media at the gallery were wondering why Lim was trying to prevent the police from reporting on what is going on in their city.
AWAI LAND
Earlier, Councilor Lim also tried to bloc the briefing of Provincial Agrarian Reform Officer Raul Laluan who was asked to apprise the SP on the status of the 30-hectare property bought by the city in 2002 in Barangay Awai, San Jacinto. (See related story on page 1)
Lim questioned the invitation to Lalaun in the last session of the SP, and argued that it was made by the presiding officer and not by the committee concerned.
During the June 11 session Vice Mayor Belen Fernandez directed the SP Secretary to invite Laluan.
Lim, however, arrived at the session hall when Laluan was already almost through with his briefing.
In arguing for his twin objections, Lim expressed the view that the powers of the SP is not similar to the power vested by the constitution on the House of Representatives and the Senate in which the two can issue a subpoena to compel the appearance of a witness under the pain of being cited for contempt if he or she refuses.
He said the SP cannot do this without published procedures on how it will conduct the inquiry in order to protect the rights of people whose names would be unduly mentioned.
POWER TO INQUIRE
Councilor Alfie Fernandez, a lawyer, countered that while the SP can not compel the appearance of resource speakers, it is vested with the power to conduct quasi-judicial inquiry in aid of legislation for it to be able to craft resolutions and ordinances effectively.
He said the SP can invite resource persons “who are willing to supply us with the information that we need in crafting resolutions and ordinances”.
He said this power of the SP to conduct an inquiry in aid of legislation is an inherent function based on the Local Government Code, rules and procedures in the SP and on other judicial decisions.
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