Tom O. told to be careful in appointing his people

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Daluz: Archival’s appointment as member of zoning board a violation to the law

Cebu City Mayor Tomas Osmeña and the Cebu City government’s executive department are reminded to refrain from appointing people that may cause legal problems to the office.

Cebu City Councilor Jose Daluz III gave the warning after he found out that Mayor Osmeña appointed former city councilor Nestor Archival Sr. as a member of the Cebu City Zoning Board.

Archival, who is an engineer, was appointed as member representative from professional sector, but he ran as vice mayor and as the running mate of Osmeña in the last elections where he lost to current Vice Mayor Edgardo Labella.

“I think we all know that (former) councilor Archival has a one year ban in any (government) appointments. He cannot be appointed. He cannot be designated or even as a consultant,” Daluz said.

Daluz, who is also a lawyer, added that Archival is covered by the one-year prohibition provided for by the Philippine Constitution.

Daluz cited Article 9-B, Section 6 of the 1987 Philippine Constitution, which states that “no candidate who has lost in any election, shall within one year after such election, be appointed to any office in the government or any government-owned or controlled corporations or in any of its subsidaries.”

Daluz said he was shocked to learn that he was not part of the Zoning Board when, in fact, based on the city ordinance that whoever was the chairman of the Committee on Social Services and Housing would automatically be part of the zoning board.

He wrote the Zoning Board asking them to inform him on the meetings of the board and it was then that he found out that Archival was a part of the board.

“Amo pa ning studyihan because I think there is a violation there,” he said.

“Filing a case? Maybe. But I just would want to remind the mayor nga (to) be careful next time because although wala mo-assume si Archival knowing tingale nga that was incorrect. Pero the violation has been done already because it does not need any acceptance on the appointee,” Daluz added.

He said there is already a violation with Archival’s appointment and the mayor would be held liable and not the appointee.

“Unless the appointee accepted the appointment and had alone overt acts or acts that would signify that he had actively participated, then he would also be liable,” he said.

Daluz said he could not be certain if Archival did participate in any meetings of the Zoning Board since he (Daluz) was not part of the meetings.

Daluz also cited the letter from the City Legal Office to the Zoning Board which stated that Archival could not be a member since it was stated in the law.

He said that the City Legal Office, however, advised that Archival be a consultant instead.

But Daluz said Archival could not be a consultant in City Hall.

“Dili gihapon. He cannot be a consultant or whatever. He cannot be connected with City Hall because there is one year ban. Bisan piso a year. It’s not about the salary but about the influence that he will be giving to city hall,” he said.

He said that the executive department should not do appointments such as this.

Cebu Daily News tried to call Archival through the phone but he could not be reached for comment.