Tuesday, 20th February 2018
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Ang Uwak Bal-an sa Putak (Part 2)

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Ang Uwak Bal-an sa Putak

Vigilio Clavel
By Virgilio Clavel

 

 

Part 2 of 2

The legal implication of this exposition asserts that Clyne Deocampo has no plenary legal authority to postpone the election, and rightly so her decision does not have binding force and effect on the internal affairs of the VMLP. In the first place, the VLMPs Constitution and By-Laws [VMLP-CBL) only ‘hijacked’ the DILG participation by means of a private contractual stipulation of which it is not a party thereto. By operation of law, a party to a private contract is not bound by its terms of reference. Second, the VLMP’s Constitution and By-Laws had arrogated the primary purpose entrusted by the Code to only the League of Municipalities, Cities and Provinces by “ventilating, articulating, and crystallizing issues affecting xxx xxx government administration and securing, through proper and legal means, solutions thereto.

 

The mere fact that this phraseology is omitted in Art. 215 (IRR) insinuates that the Code excludes this purpose from any federation rather than a league of vice mayors. The VLMP-CBL may have perhaps pirated this phrase, amputated the provision and sugar-coated it with the phrase, “specially those concerning local legislation and securing through proper and legal means solutions thereto. [ see Art. 210, 211, 213, 215, RA 7160]. Grotesque indeed, there is no crime for usurpation of legal provision.

 

As to VM Ronnie Dadivas’ narrative-- that the election was null and void because it was held not in accordance with the procedures and guidance of the DILG – is utterly superfluous, hedonistic charade. Again, the law is meant to be neutral. Art. 211-c (IRR) of the LG Code provides, “Every municipality shall be represented in the league by the municipal mayor or, in his absence, by the vice mayor or sanggunian member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league.”

 

Of idiopathic edema would a discourse be if the storyline is floated against this clear, ambiguous, specific provision of law.

 

In fact and in law, the city vice mayor is misplaced to be counted among the municipal vice mayors [Art. 211] because two separate provisions are available to them, namely, Articles 201 and 215 [IRR, RA 7160]. How can a private contractual stipulation, such as that found in VMLP-CBL, repeal or amend a statute of the land? In whatever discursive, political contour the present dispute would appear and to be resolved, the city vice mayor’s membership in the League of Municipal Mayors, and for whatever cases a vice mayor may similarly squabble for, is an interloper along the stream of political brigandage.

 

I uphold that the duly elected legitimate president of the Vice Mayor’s League [for municipalities] is Vice Mayor Roger Flores of Cuartero, winning by a plural vote. The DILG and LP-vice mayors walk-out was pure arrogance in its highest form. There is fitting honor in defeat because the bottom line at stake is public service. Public mandate is just a scepter but personal responsibility is greatness in an emerging transformative discourse of politics of service!

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