On September 27, 2006, the Sangguniang Panlalawigan of Aklan will conduct its hearing on the administrative case for abuse of authority and misconduct or misfeasance against Mayor Jeremy N. Fuentes of Banga, Aklan.
The case was filed by Hon. Vicente R. Seraspi, Jr. of Banga.
According to Hon. Seraspi, in his information furnished the Aklan SP, Mayor Jeremy N. Fuentes issued Executive Order No. 8-2005 "Regulating The Issuance of Franchise for passenger for Tricycle For Hire" without any legal basis and contrary to the provisions of the Local Government Code.
"The respondent deliberately encroached and arrogated into himself the powers and duties of the Sangguniang Bayan (SB)…remised and even refused to perform his duty to furnish the provincial governor of his executive order for review," Seraspi pointed out.
"These illegal acts of Mayor Jeremy N. Fuentes is an indication of ignorance, inattention, malice of that which he has no legal right to do at all," Seraspi stressed.
Hon. Seraspi prayed that "administrative and disciplinary sanctions be imposed against the mayor (Mayor J.N. Fuentes) to deter him from further committing similar acts…"
In his answer furnished the SP Aklan, Mayor Jeremy N. Fuentes accused Hon. Seraspi of Forum shopping. According to Fuentes, Seraspi filed a criminal case against Mayor Fuentes with the Provincial Prosecutor’s office on June 15, 2006 just after filing the same complaint with SP Aklan for violation of Act 239 of the Revised Penal Code. This act of Seraspi in filing these separate cases against Fuentes may cause conflicting decisions between the SP Aklan and the Office of the Provincial Prosecutors, Fuentes pointed out.
Mayor Fuentes denied, he did not usurp the legislative functions of the Banga SB. He cited the provisions of the Revised Penal Code that usurpation of legislative powers must have three elements which are: 1.offender is a public officer; 2. he encroaches upon the powers of the legislative of the government; and 3. usurpation consists in making general rules or regulations beyond the scope of his authority by attempting to repeal a law or suspending the execution of it.
The number 3 element is the bone of contention. Does Mayor Fuentes’ Executive Order No. 8-2005 regulating the issuance of franchise for passenger for hire tricycle in the municipality of Banga constitute "usurpation consisting in making general rules as regulations beyond the scope of his authority? Does it repeal any ordinance? Does it suspend execution of an ordinance? These are the burden of proof on the part of Hon. Seraspi.
Mayor Fuentes is accused of Abuse of Authority and Misconduct but this accusation, Fuentes pointed out, "bespeaks…the parochial and myopic understanding of the complainant (Seraspi) of the terms license, permit and franchise. The issuance of executive order is expressly conferred by the Local Government Code to the Municipal Mayor under Sec. 444.
Mayor Fuentes cited several justifications, which led to the issuance of his Executive Order No. 8 – 2005. He refused to recall such executive order even after the Banga SB requested him to recall it via "Resolution No. 2005 – 035 Requesting the Local Chief Executive To Recall His Order To The Municipal Treasurer in Connection With The Moratorium in the Issuance of Franchise For Motorcycles For Hire In The Municipality of Banga."
Mayor Fuentes vetoed the above stated resolution. This led the members of the Banga SB to override the veto. But Mayor Fuentes ignored the Banga SB Resolution, which overrode his veto as it has no "legal leg to stand on."
In the legal opinion given by Prosecutor Apolinar C. Barrios, third Assistant Provincial Prosecutor, he said "the acts alluded to are but a legitimate exercise of his executive function. It cannot by any stretch of imagination considered usurpation of legislative function." But this is only an opinion. It is not a decision.
Mayor Jeremy N. Fuentes prayed to the SP members to dismiss the above stated case for having no legal basis and lack of merit.
It is up to Hon. Vicente Seraspi, Jr. to prove his allegation of usurpation of Legislative functions and for the Aklan SP to decide. /MP mailto:madyaas_pen@yahoo.com
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