PAMPANGA VICE GOV, BOARD FILE CAHRGES VS PANLILIO
SAN FERNANDO, PAMPANGA, APRIL 5, 2008 (STAR) By Ding Cervantes – Vice Gov. Joseller Guiao and members of the Sangguniang Panlalawigan filed yesterday before the Office of the Ombudsman five charges against Gov. Eddie Panlilio for his refusal to implement an ordinance abolishing part of the provincial government’s share from the lahar sand quarrying income.
Guiao and all 10 provincial board members accused Panlilio of “dereliction of duty, gross inexcusable negligence, grave misconduct, abuse of authority and/or impropriety in the performance of duty” in violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
In their complaint, Guiao and the board members recalled that on Sept. 21 last year they “unanimously approved” Ordinance No. 176 Series of 2002 providing for the “equitable distribution of shares of fees/taxes” imposed by the province for the extraction of quarry materials and for other purposes.
The ordinance scrapped the 50 percent share of the provincial government from the P300-per-truck fee it had imposed. Instead, the entire P300 is divided among the provincial government, the host municipality and barangay on a 30-30-40 percent sharing scheme, respectively.
In passing Ordinance No. 176, the provincial board “performed its function as the law and policy-making body of the province of Pampanga which is clothed with authority to pass and enact laws, ordinances and resolutions with the corresponding power to amend, repeal and modify the same to keep abreast of the changing times, to address basic concerns and promote the greater welfare of the people of Pampanga,” the complaint stated.
Panlilio, however, vetoed the ordinance last Oct. 1, as he feared that it would deprive many provincial development projects of needed funds.
Since Panlilio took over as governor, he was reported to have curbed anomalies and raised revenues from lahar sand quarrying at an average of about P1 million per month, way above the collections of his predecessors – Lito Lapid and his son Mark – whom Guiao also charged before the Office of the Ombudsman.
Guiao and the board members, in their complaint, said they later issued Resolution No. 1022 unanimously overriding Panlilio’s veto of Ordinance 176.
But last Nov. 22, they said Panlilio “maliciously and unjustifiably” filed his appeal with the Department of Justice pursuant to Section 187 of RA 7160, or the Local Government Code of 1991, “knowing fully well that it is frivolous, baseless and unwarranted.”
Last Jan. 30, however, Justice Secretary Raul Gonzalez dismissed Panlilio’s appeal, they said.
Even assuming for the sake of argument that Panlilio’s appeal was proper under Section 187 of the Local Government Code, they said Panlilio “violated his oath of office and ignored Section 1 Art. XI of the Constitution.”
The provision mandates public office as a public trust mandating public officers and employees to be “accountable to the people.”
Chief News Editor: Sol Jose Vanzi
© Copyright, 2008
by PHILIPPINE HEADLINE NEWS ONLINE
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