A question of law, not politics
By Ermin Garcia Jr.
THE minority in the Dagupan Sangguniang Panlungsod is again being pushed by the seven epaLiFes on the defensive with their latest attack on the established law and rules on lawmaking, compelling it to seek legal opinion from the DILG and DBM if the epaLiFes were right or wrong in passing new ordinances after the original ordinances were vetoed!
In fact, what should happen is: It should be the majority that must seek the legal opinion to validate its claim because the mayor refuses to recognize and implement the new ordinances they passed.
The 7 councilors (Redford Erfe-Mejia, Celia Lim, Irene Lim-Acosta, Librada Reyna- Macalanda, Alvin Coquia, Alfie Fernandez and Marilou Fernandez) are still on the “we’re the majority that can do anything” mode, and the minority is allowing them to proceed at its expense. Sad!
Since when are approved budgets, whether national or local, deemed superseded by another law or ordinance simply by a vote of the majority? Even just from a political perspective, a belated passage of the “new” AIP and annual budget cannot be accepted because it will create the precedence that from hereon, budgets submitted on deadline will remain tentative, and will still subject to validation by the majority in weeks, months after.
What is involved is not about resolutions adopted by student councils or corporate bodies that can be changed overnight by a majority vote. This is about a supreme law of the land that deals with the fate and future of national and local governments that affect their constituencies on a regular basis. The process has not changed, and it cannot be changed unless the constitution is amended.
But for the sake of argument, consider the validity of “new” and “rectifying” ordinances, in a reverse situation. Ex.: If the majority feels that it made a mistake in granting the proposed AIP and annual budget in full, can it file another resolution and ordinance to “rectify” the mistake?
I rest my case!
The five in the minority should stop being pushovers in SP. They should start pushing back aggressively with the law, not be allowed to be pushed back each time!
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THE BALL IS IN HER COURT. Beware of the recent strategy of the 7 epaLiFes to prevent them from being charged and be found guilty of ignorance of the law and deliberate violations of the Local Government Code because of greed.
A billion worth of programs are being dangled before Mayor Belen and the 7epaLiFes appear certain that she will fall for the bait because she appears desperately in need of the funds. They believe this is the reason why the minority is seeking legal opinion to ascertain that it is OK for her to accept the “new” ordinances and resolution, it is not to prove them wrong!
On the other hand, I’m sure the Belen administration is fully aware that it is being tricked into accepting the “new AIP and 2023 budget” if only to exculpate them from being charged in court for criminal and administrative violations that will perpetually disqualify them from holding office in addition to possibly serving jail sentence.
So, if Mayor Belen succumbs to the temptation dangling before her face it, she must know that she will be known as another “transactional mayor “of Dagupan, no different from her immediate predecessor.
Those who rallied and supported Mayor Belen expect her to make the 7 epaLiFes account fully for the chaos they created in the city. “We will not forget!” they continue to shout. It means they are already prepared to live with the reenacted budget because it is the right thing to do given the circumstances.
Worse, if Mayor Belen accepts the “new” AIP and annual budget and does nothing to make the 7 epaLiFes accountable, then she’s giving the message that she doesn’t give the emotional fight they carried on to support her, any importance. If that happens, this time, her allies will surely not forget that their Mayor Belen dumped their aspirations for good governance.
Here’s an unsolicited advice – Mayor Belen should continue to ignore the two “new” ordinances unless ordered by the Supreme Court (not by legal opinions of DILG or DBM), to implement these, and let the axe fall where it may!! The issue about the “new” ordinances is a question of law, no longer a political issue for her.
* * * *
THE LAW VS. POLITICS. Our editorial this week talked about the next official action that need to be taken by the Belen Fernandez administration.
After the seven councilors, have been duly exposed for what they are, for the criminal acts they committed against the law and the people of Dagupan City, the Belen administration move and cannot act as if these never happened. Then, just do nothing.
The destructive political game played initially at the city government’s expense by the 7 epaLiFes should not and cannot be swept under the rug. The game they played had serious implications that must be stopped, to wit:
That it’s OK –
- For the majority in SP to formulate internal rules that violate provisions of the Local Government Code.
- For the finance and appropriation committee:
- To withhold action and delay approval of submitted AIP and annual budget well within the deadline.
- To require the presence of a mayor to defend the city’s proposed budget and AIP.
- To impose a reenacted budget without due cause.
- For the SP to pass new “rectifying” resolutions and budgets after the deadline set by law.
Surely, this is not what the city government and Dagupeños can afford to see happen again!
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THE GANG’S ALL THERE! Not a few Pangasinan Fil-Ams in San Francisco USA, wondered why they were honored by the presence of 11 provincial board members (plus five spouses), provincial administrator, provincial assessor and special assistant to the governor in their Pangasinan organization’s induction program last week.
The provincial officials were not there to solicit contributions for some programs like some politicos did in the past. This time, they were there in full force simply for chance to bond with the SanFran locals. But who’s minding the store back in Pangasinan since the officials like them were drinking and dancing with them? They ask.
I don’t blame the SanFran locals for wondering since this never happened in the past, at least not during the two Espino administrations.
Indeed, what were our accountable provincial officials (and their spouses) doing in SanFran all at the same time? I seriously doubt that this one of the “Out-of-town” meetings that VG Mark Lambino mentioned.
Why was everyone in the US? Who spent for them? Why? From where I sit, it looked very much like an organized activity with “Everybody happy!” written on their faces.
So, what’s being shared this early? I suspect it’s about the expected hefty bonanza from the P6-B loan that will be availed of by the Guico administration in return for a smooth sailing endorsement of the “P6-B projects”!! Wanna bet?
Hmmm. Watch the “SanFran“ tourists perform for the P6-B, and tell me I’m wrong.
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