The reason we need to know the contents of the letter of Bacolod to the National Historical Institute is to find out what the city told the NHI. On the other hand we need to see the contents of NHI letter to the city. This is important because we also want to know whether the NHI conducted any study or inspection of the Government Center to declare there is nothing wrong and the city has complied with the requisites for a change of name. After that the council can proceed and do whatever it pleases.
The same goes true with the letter to and from the Department of the Interior and Local Government and thereafter to determine whether, indeed, the requirements for a change of name have been complied with and if the conditions as defined by law did exist. Article 23 further provides in (c) (2) that “a change shall be made only for a justifiable reason.” Note the limitation, “only” which means “not for whatever”. The justification presented by the authors of this silliness and those who voted for it that the Government Center had no name by ordinance is flimsy and falls flat on a heap of dung. According to Councilor Cesar Distrito, most reactions are against the change of name. This only confirms that the justification of the authors is unacceptable. Subsection (c) (3) of the same Article 23 also provides that “Any change shall not be made more than once every ten (10) years.” When did the ten year period begin? Do we start from its conceptualization, the laying of the foundation stone or the turnover by the contractor? Should we start when it was inaugurated or blessed? Or should we reckon when the city government offices transferred there? This makes the letter of Bacolod to the NHI important because the proponents could have presented a date that would comply with this requirement of the Local Government Code. That date can be self-serving rather than the truth or at least the acceptable date of the Government Center's start of existence. Article 23 implementing the Local Government Code also provides that “No name of LGUs, public places, streets and structures… shall be changed, unless by unanimous vote of the Sanggunian…” In this particular case, did the Bacolod Sangguniang Panlungsod vote unanimously? I don't know about the councilors of Bacolod but from my understanding of English, the word “unanimously” means all those who are present during the voting agreed or, to put it in another way, nobody objected. So, let's see whether there was unanimity. Those who voted to change the name Bacolod City Government Center to Peoples House (note that the spelling of the name in front of the building is not possessive but an adjective) are: Claudio Puentevella (the author) Archie Baribar, Ana Marie Palermo, Sonya Verdeflor, Jocelle Batapa, Wilson Gamboa, Alex Paglumotan and Noli Villarosa. Remember these names as even if their action is recent, it is historically and politically significant. Note also that among those who voted in favor of the ordinance are four lawyers who we think are knowledgeable about the law. Those who voted against are: Councilors Em Ang, Roberto Rojas, Carlos Jose Lopez, El Cid Familiaran and Cesar Distrito. Does this listing show there was unanimous vote? Perhaps the lawyers who voted for this ordinance can tell us what is the meaning of the term “unanimous” because we might have studied a different English language. Distrito said that “they might raise the matter before the Department of Justice.” Why “might'? Is he not convinced the ordinance is legally infirmed and not anomalous? In fact this ordinance is not just an anomaly. It is an anomie deserving of a historic faux pas. Distrito and his allied councilors should collectively file the complaint with the DoJ because they are the representatives of the people, and get this silly ordinance thrown into the dung bin. Of course, the Puentevella government with its control of the majority councilors can just disregard the DoJ opinion if adverse. As certain as the sun is there in the heavens, they will hail the DoJ if they agree with it. We have seen how the incumbent city government treated the DoJ in the case of the questionable Real Property Tax. It can disregard the DoJ order and continue whatever it pleases. This is a among the landmark achievements of this city's administration. Distrito should not wait for a citizen to do their job. If they believe they are right, then fight for it.* TIGHT ROPE WITH MODESTO P. SA-ONOY Visayan Daily Star sgg
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Renaming the city's Bacolod City Government Center is not just illegal but even immoral, Bacolod Rep. Evelio Leonardia said yesterday. “Now we know why Bacolod's competitive index has plummeted from No. 2 in 2010 to No. 73 in 2015,” he said With no development agenda to speak of, the incumbent administration of Mayor Monico Puentvella is engaged in endless petty politicking, wasting its time and energies passing measures for its political ends, and not for the general development of the city, Leonardia said. After passing the anti-people, anti-business Real Property Tax ordinance, here it comes slapping the people of Bacolod with a measure renaming the city's New Government Center (NGC), he said. The “People's House," is a name so unoriginal and inappropriate, it insults the city's rich cultural heritage, Leonardia said. The hidden agenda here is to call the structure "PH" for short, as we fondly call the New Government Center "NGC." Because "PH" is supposed to mean "Puentevella's House," he said. Leonardia said this is a classic case of political credit-grabbing. “We all know that it was Puentevella who vehemently opposed and sabotaged the construction of the NGC. He was behind the several cases filed against us in the Ombudsman which were all dismissed because it ‘found nothing anomalous in the construction of the NGC'," he said. The new ordinance, masterminded by the mayor and carried out by his own son, is proof of how the administration has put its selfish interest ahead of that of the people. That is why, while some councilors call it "illegal," we also call it "immoral," Leonardia said. “And let us also be reminded that we have a situation where the chairman of the SP Committee on Finance is the mayor's own son - a set-up perhaps with no comparison elsewhere. Clearly, we have ‘a very politically and financially-oriented father and son team" running the city',” he said. Let us look around, instead of addressing the city's problems, the mayor chooses to destroy what we have built and where he fails to destroy, he engages in the game of changing names, Leonardia said. What a sad and unfortunate circumstance for our city, he added. Councilor Ana Marie Palermo said there is no ordinance existing that specifically named the facility the new government center. Councilor Caesar Distrito had said “The Local Government Code provides that we can establish a Government Center, and this was stated in the deeds of donation, loan contracts, appropriation ordinances and other ordinances that recognize it as the Government Center,” Distrito said. If the government center will be renamed, it should not be earlier than 10 years and this requires a unanimous vote based on section 13 of the Local Government Code . The structure has only existed for seven years, he said. Palermo said the ordinance is not renaming but naming it People's House as described by the LGC. The passage of the ordinance is legal and constitutional, she claimed. Distrito said they might raise the matter before the Department of Justice or there may be other persons interested to question it since it did not obtain a unanimous vote. “This is a democratic country and everyone is entitled to his opinion and we respect that,” Palermo said. The ordinance was approved by the Bacolod Sangguniang Panlungsod on third and final reading Wednesday with Councilors Claudio Puentevella, Archie Baribar, Sonya Verdeflor, Jocelle Batapa-Sigue, Wilson Gamboa, Jr., Noli Villarosa, Alex Paglumotan and Palermo voting in favor. Those who objected to its passage were Councilors Em Legaspi-Ang, Roberto Rojas, Carlos Jose Lopez, El Cid Familiaran and Distrito.*CGS by: CHRYSEE SAMILLANO |
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