By Butch Bagabuyo
“Where law ends, there tyranny begins.”––William Pitt, Earl of Chatham (1708-1778)
COULD it be bad karma? I pray not!
But the story of this well-read and widely-circulated paper last week – Balite assumes as ABC prexy; Moreno endorses Rodriguez sister –– is a monumental hellow perpetrated by the clown-cilors. Who else?
There are lawyers in the present city council. And, sadly, two of them are my own brothers in the fraternity. But their arrogant display of the infamous tyranny of numbers is succeeding only in exposing their utter lack of knowledge if not, glaring ignorance of R.A. 7160 or The Local Government Code of 1991, as amended.
Never mind what the presiding officer argued in favor of the 8-2 verdict in recognizing the newly elected chairman of Barangay Kauswagan, this city. Because he is not a lawyer and he adamantly refuses to be a man of his own, what else can one expect of him? But helloow! What else? But my brothers in the fraternity should have read, at the very least, before voting on the measure. Nakakahiya bro!
For the benefit of my beloved Kagay-anons, here are the basic laws on the matter of ex officio members of the Sangguniang Panglungsod:
“Section 494. Ex-Officio Membership in Sanggunians. The duly elected presidents of the liga at the municipal, city and provincial levels, including the component cities and municipalities of Metropolitan Manila, shall serve as ex-officio members of the Sangguniang Bayan, Sangguniang Panlungsod, Sangguniang Panlalawigan, respectively. They shall serve as such only during their term of office as presidents of the legal chapters, which in no case shall be beyond the term of office of the sanggunian concerned.”
“Section 457. Composition. (a) The Sangguniang Panlungsod, the legislative body of the city, shall be composed of the city vice mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the Liga ng mga Barangay, the President of the Panlungsod ng Pederasyon ng mga Sanggunian Kabataan, and the sectoral representatives, as members. (Emphasis, mine)
“(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disable persons.
“(c) The regular members of the Sangguniang Panlungsod and the sectoral representatives shall be elected in the manner as may be provide for by law.
Bros, I trust that you shall make the necessary correction not for us but for your own honor and dignity, as learned men of law.
As an outsider, I don’t know if the city council has already passed the 2014 budget. But if they have not done so yet and if it is not asking too much of them, may I suggest that they either create a position for a legal counsel (or two legal consultants: one for the majority members and the other for the minority members) in the city council, which is a must if only to regain respect in that august body of honorable men/women and LGBT or avail of the Local Government Code, specifically Section Sec. 481 on the Qualifications, Term, Powers and Duties of the city legal officer. The law provides, among others, thus:
“(a) xxx
“(b) the legal officer, the chief legal counsel of the local government unit, shall take charge of the office of legal services and shall:
“(1) xxx (2) xxx (3) In addition to the foregoing duties and functions, the legal officer shall:
“(i) xxx (ii) xxx
“(iii) Render his opinion in writing on any question of law when requested to do so by the governor, mayor of sanggunian;
“(iv) Investigate or cause to be investigated any person, firm or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommending appropriate action to the governor, mayor or sanggunian, as the case may be;
“(v) xxx (vi) xxx (vii)
“(4) Recommend measures to the sanggunian and advise the governor or mayor as the case may be on all other matters related to upholding the rule of law; (5) xxx; and “(6) Exercise such other powers and performs such other duties and functions as may be prescribed by law or ordinance.
The same law also provides: “The term of the legal officer shall be coterminous with that of his appointing authority.” Further, “The appointment of legal officer shall be mandatory for the provincial and city governments and optional for municipal government.”
I am absolutely not privy if the mayor has already appointed his own choice of the city legal officer or if he has appointed the city legal officer of the previous administration, the position being coterminous. But one thing is certain, the position of city legal officer, being mandatory and confidential, needs no further discussion. However, if only to emphasize its confidentiality, the Supreme Court in the case of Grino v. CSC (194 SCRA 458 (1991) citing Cadiente v. Santos (142 SCRA 280 (1986) described the city legal officer as “One requiring that utmost confidence on the part of the mayor be extended to said officer. The relationship existing between a lawyer and his client, whether a private individual or a public officer, is one that depends on the highest degree of trust that the latter entertains for the counsel selected” (cited in the Local Government Code Revisited 2007 by former Senate President Aquilino Q. Pimentel Jr.)