Aklan SP to hear plaint against Banga mayor
BY BOY RYAN B. ZABAL
Kalibo, Aklan – The Sangguniang Panlalawigan of Aklan is set to hear the administrative case today, September 29, against Banga town mayor Jeremy Fuentes for alleged abuse of authority and misconduct or misfeasance filed against him by Sangguniang Bayan member Vicente Seraspi, Jr.
The complaint stemmed from an Executive Order No. 8-2005 issued by the mayor regulating the issuance of franchise for passenger for tricycle for hire, which according to Seraspi "is without any legal basis and contrary to the provisions of the Local Government Code."
BY BOY RYAN B. ZABAL
Kalibo, Aklan – The Sangguniang Panlalawigan of Aklan is set to hear the administrative case today, September 29, against Banga town mayor Jeremy Fuentes for alleged abuse of authority and misconduct or misfeasance filed against him by Sangguniang Bayan member Vicente Seraspi, Jr.
The complaint stemmed from an Executive Order No. 8-2005 issued by the mayor regulating the issuance of franchise for passenger for tricycle for hire, which according to Seraspi "is without any legal basis and contrary to the provisions of the Local Government Code."
"Fuentes deliberately encroached and arrogated into himself the powers and duties of the legislative council. He remised and even refused to perform his duty to furnish the provincial governor of his executive order for review," said Seraspi, a retired police officer.
But, this was denied by Fuentes, saying, he did not usurp their legislative powers as he cited the three elements of usurpation of powers - offender is a public officer, he encroaches upon the powers of the legislative of the government and 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.
SB Banga members, in a separate resolution, requested the mayor to recall his executive order regarding the moratorium in the issuance of franchise for motorcycles for hire.
Instead, Fuentes defended his executive order that it is expressly conferred by the Local Government Code to him under Section 444. He vetoed the resolution that led the SB members to override the veto.
“The illegal act of Fuentes is an indication of ignorance, inattention, malice of that which he has no legal right to do at all," Seraspi pointed out.
The town mayor also lambasted Seraspi of forum shopping when he filed a criminal case with the Aklan Provincial Prosecutor’s Office on June 15, 2006 after he filed a similar complaint with SP Aklan for violation of Act 239 of the Revised Penal Code.
But, this was denied by Fuentes, saying, he did not usurp their legislative powers as he cited the three elements of usurpation of powers - offender is a public officer, he encroaches upon the powers of the legislative of the government and 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.
SB Banga members, in a separate resolution, requested the mayor to recall his executive order regarding the moratorium in the issuance of franchise for motorcycles for hire.
Instead, Fuentes defended his executive order that it is expressly conferred by the Local Government Code to him under Section 444. He vetoed the resolution that led the SB members to override the veto.
“The illegal act of Fuentes is an indication of ignorance, inattention, malice of that which he has no legal right to do at all," Seraspi pointed out.
The town mayor also lambasted Seraspi of forum shopping when he filed a criminal case with the Aklan Provincial Prosecutor’s Office on June 15, 2006 after he filed a similar complaint with SP Aklan for violation of Act 239 of the Revised Penal Code.
Fuentes said the filing of a similar complaint may cause conflicting decisions between the Aklan Provincial Prosecutor’s Office and the legislative body
Meanwhile, Fuentes' brother and senior board member Stevens Fuentes, SP members Daisy Briones, Plaridel Morania and Eriberto Venus earlier inhibited from the investigation of the complaint of Seraspi this afternoon at the SP office here.
Meanwhile, Fuentes' brother and senior board member Stevens Fuentes, SP members Daisy Briones, Plaridel Morania and Eriberto Venus earlier inhibited from the investigation of the complaint of Seraspi this afternoon at the SP office here.
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