THE legal of the Department of the Interior and Local Government is being sought by the Dagupan Sangguniang Panlungsod on three issues that continue to be a source of conflict.

SP will ask 1) Whether or not a member of the body, who is on leave and overseas, can participate in sessions of the council via the zoom platform; 2) Whether the amendments made by the majority to the house rules is legal without a resolution and approved by all the members of the body, and 3) Whether an internal rule can set aside a Local Government Code that requires the chairman of the Sangguniang Kabataan.

The first issue was raised after Vice Mayor and SP presiding officer Bryan Kua did not allow Councilor Maria Lourdes Fernandez from participating in the SP session last May 28, invoking a ruling of the Civil Service Commission that when an official or employee is on leave, he or she is absent.

Kua’s decision drew sharp rebuke from Councilor Redford Erfe-Mejia who claimed that even if Fernandez is on leave and is abroad, she remains a city legislator and cannot be prevented from performing her function.

Councilor Alfie Fernandez added that the CSC ruling cited by the vice mayor is no longer applicable because in the advent of modern technologies today, officials traveling abroad can perform his or her official function, citing the case of President Ferdinand Marcos Jr. who performs his duties while on a foreign trip.

Councilor and Minority Floor Leader Michael Fernandez clarified that the President of the Philippines travels abroad on an official mission cannot be compared to a mere councilor on leave traveling abroad for vacation.

The majority cited the case Councilor Alvin Coquia who travelled to the US in November last year and was allowed to participate in two sessions via the platform Zoom but Kua sustained his decision refuting the Coquia case, saying it was not he that allowed the latter’s participation since he was the acting mayor then, a fact that SP secretary Ryan Ravanzo confirmed.

Then, Councilor Michael Fernandez questioned why Councilor Marilou Fernandez was one of the seven signatories to the majority’s written manifestation on May 28 when she was on vacation leave.

At the same time, the DILG’s opinion is sought about the violated Section 12 of Republic Act 17042 when the majority did not name Sangguniang Kabataan Federation President Bradley Benavides, and his predecessor, as chairman of the youth affairs and sports committee but designated Councilor Alvin Coquia as chairman instead. (Leonardo Micua)

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