Non-negotiable enforcement

By Ermin Garcia Jr.

 

THE idea of Dagupan Mayor Belen Fernandez to have some POSO traffic enforcers deputized by the Land transportation Office is a move in the right direction.

Motorists in the city agree with her that discipline in the city’s streets can be had if the traffic enforcers are more authoritative, invoking the national laws on traffic rules when arresting errant drivers.

Indeed, a community can only be disciplined of if our law enforcers take the enforcement of our laws and ordinances seriously and consistently, enforcing these fairly and equitably, completely intolerant of negotiations for bribe offers.

In this regard, I am confident that motorists in the city can expect instant results soon once the LTO-trained traffic enforcers take to the streets.

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INCONSISTENCY. Alas, this does not appear to be the case in the enforcement of the city fisheries ordinance that totally bans fish pens.

For the past four years, owners of illegal fish pens have been violating the ordinance with impunity and yet the city government has yet to penalize a single violator as prescribed by law.  The series of deadlines imposed in the past were met with indifference if not with sheer defiance. The wily fish pen owners even had the temerity to challenge the law protecting government’s right over the use of rivers and tributaries, and the city hall appeared to have been intimidated that it chose to uphold their ridiculous claim over parts of the river.

In all appearances, Mayor Belen has been made to believe that the way to enforce the ordinance is to keep demolishing the pens. “The demolition will continue,” was the mayor’s response to questions when the ordinance will be strictly enforced.

What the unsuspecting mayor did not realize was: 1) There is nothing in the ordinance that provides that demolition is the way to enforce it. 2) It was a ploy by the City Agriculture Office to be able to be selective in the “enforcement,” to be able to choose which illegal fish pens to protect and to demolish.  3) The ‘Demolition Only’ policy opened the ordinance for ‘negotiation’, for “humanitarian” or practical business reasons with the City Agriculture Office – for the right price, I’ve been told.

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ACCOUNTABILITY. If Mayor Belen does not want her administration to be tainted with suspicions of corrupt and graft practices, she must perforce be consistent as the chief enforcer of laws and ordinances. Unfortunately for her, she already opened herself wide open to such suspicions because of the continued operation of fish pens.

City Legal Officer Vicky Cabrera should help and not make the mistake of continuing the policy advocated then by former CLO George Mejia and City Agriculturist Emma Molina – “No filing of charges, no penalties” against violators of the city ordinance.

It was this policy of desistance on the part of the city government that not only led to losses in millions of potential revenue and taxes but aggravated the severe siltation and pollution of the city ‘s rivers.

As Atty. Cabrera knows too well, the minute a law becomes negotiable, as in the case of the fisheries ordinance, corruption is not far behind and city officials must be made to account.

In fact, when mayor reported last week the continued defiance of some barangay officials, the city government should have slapped the errant barangay officials with charges for violating the ordinance motu propio.  But it didn’t.

Then, the law is extra clear on the right of government over the use of rivers. But the fish pen owners have this ridiculous claim that since they own parts of the river, they, therefore have every right to operate a fish pen. Even assuming that the law allows them that privilege, no one is exempt from operating any illegal activity. Here’s a simple analogy: Can anyone kill someone in one’s house or river and not be accountable?

Operating a fish pen is illegal. Even President Duterte has asserted this fact, but Molina and Mejia were adamant not to file the cases against the violators.

Is Atty. Cabrera also being prevailed upon by Molina not to file charges? I hope Atty. Cabrera realizes that if push comes to shove, Molina can conveniently point to her as the culprit behind the unabated violation of the ordinance. She, not Molina, will also be made to account by the Ombudsman for this evident dereliction of duty.

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UNSOLICITED ADVICE. Perhaps not also known to the mayor is also the fact that a number of the fish cages are hosting bangus as well knowing they will never be charged in court for this violation. Proof of this is the regular delivery of commercial feeds to owners of fish cages!

Mayor Belen should check out the fish cages, particularly those supported by blue containers as floaters.

Given how Molina has led the city hall by the nose, here is my unsolicited advice that could finally contain the illegal fish pen problem and free Mayor Belen of needless embarrassment and accountability.

1. Leave it to Atty. Cabrera, as city legal officer, to decide who should be charged for violation of the city ordinance. She should be made accountable.
2. Direct the police to assist the Task Force Bantay Ilog to block the delivery of commercial feeds to any part of the river and tributaries since the feeds pollute the rivers.
3. If Molina cannot be fired, relieve her of duties overseeing fish pen operations, and direct the TF Bantay Ilog to take directions only from the City Legal Office and the police since illegal operations are a matter of law enforcement.

And finally for the mayor’s sake, I do hope someone will finally file a complaint against Molina with the Ombudsman for dereliction of duty and violation of the Anti-Graft and Corruption Law for the very serious damage she inflicted on the city, tolerating the operation of illegal fish pens for more than 3 years that resulted in loss of revenues for the city.

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MALICIOUS RUMOR. Still on Mayor Belen. For the last two weeks, there was the malicious talk being spread about her being suspended by the court but without saying for what charge. But as one might have expected from a total lie, her detractors fueled it further with the aid of their allies in the media.

Why do I say it’s a lie? First of all, she has not been charged of committing graft or corruption. Secondly, only the Ombudsman can suspend government officials. Thirdly, no trial court, especially not the Ombudsman, leaks out a decision before it is issued. And finally, if, indeed, a suspension order has been issued but mainstream media didn’t report it within 24 hours, you can be sure it’s a fat lie that doesn’t deserve a thought!

So, Mayor Belen is not being suspended or about to be suspended. Period.

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By the way, I wish to apologize to Punchline readers for failing to post my column last week. I had it prepared but I absentmindedly deleted it without a file name. Call it one of the hazards of being a senior citizen. Lesson learned!

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