Cabalit given 10 days to vacate ABC office
Ousted Association of Barangay Captains city federation president Faro Cabalit was given 10 days to vacate the office he has been occupying and turn it over to his successor, Cogon barangay captain Philipp Besas.
Vice Mayor Nuevas Tirol-Montes gave the order Friday after Besas delivered a privilege speech that shattered Cabalit’s contention that the latter needed to present confirmation to justify his assumption.
In his privilege speech, Besas quoted the Department of Interior and Local Government (DILG) memorandum circular no. 2008-07 addressed to Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan and others concerned on the subject of due recognition of duly elected Liga presidents as ex-officio members of the sanggunians.
Besas read verbatim from the said memorandum circular issued by former DILG Secretary Ronaldo Puno on January 16, 2008.
“Clearly, therefore, the constitution and by-laws of the Liga or the Election Code does not require the confirmation by the national Liga board before a duly elected Liga president of the municipality or provincial/city can assume as ex-officio member of the Sanggunian concerned,” the memorandum circular stated.
For that matter, it pointed out that even the Local Government Code “does not also require said confirmation.”
“At this point, it bears to stress that the Liga constitution and by-laws and its election code does not require anything not provided by and rise above a national legislation which is the Local Government Code,” the DILG memorandum said.
Besas said that giving in to the impression that he needs to present proof of his claim to office where none is required would add to the confusion that continues to divide not only the city council but especially the Liga.
“To demand proof where none is required is to exceed the provisions of law. At the very least, it limits and hinders the performance of duties,” he pointed out.
Besas said that to demand proof where none is required would be an unnecessary obstacle to the urgent tasks that is demanded from all public servants and the office that he represents.
“This is one proof that would violate the very essence of the law being subjected to unnecessary requirements for reasons that this representation would no longer speculate or elaborate,” he added.
He stressed that the sense of urgency is diminished not because of the law but because “something is added to the original intent of the law”.
In the same privilege speech, Besas also brushed away questions on the legality of his election.
“Unless there is anyone of us here who can dispute the fact that the said election which was the basis for the claim of the undersigned to the position for which he now serves was illegal, there is no reason to disturb it,” he noted.
At the same time, Besas said that unless anyone will dispute that 11 out of 15 votes represents an absolute majority, there is no basis for any claim to believer otherwise.
The Liga city federation earlier voted Besas as the new president of the Tagbilaran chapter after all positions were declared vacant in a previous meeting.
The barangay captains who installed Besas are Nestor Mendez of Bool, Alberto Puagang, Dao; Leda Saco, Manga; Eutorgio Telmo Jr., Booy; Manolo Blanco, Mansasa; Gildardo Bustamante, San Isidro; Arlene Karaan, Poblacion II; Eleuterio Paredes, Poblacion II; Timoteo Maglahus, Ubujan and Marcelo Epe, Tiptip.
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