Feed aggregator

BRANCH 17 of the Regional Trial Court (RTC) in Cebu City has dismissed the civil case filed by three former members of the Metropolitan Cebu Water District’s board of directors (BOD), upholding the late mayor Edgardo Labella’s decision to terminate their services.

Former MCWD BOD members Augustus Pe Jr., Ralph Sevilla and Cecilia Adlawan filed a petition on Nov. 8, 2019, seeking to nullify the decision of then-mayor Edgardo Labella to terminate their services.

They argued that while Labella had the power to appoint BOD members of the water utility, he had no authority to remove them. They also alleged that they were not formally charged and given the opportunity to defend themselves.

The case was filed against Labella and officials of the Local Water Utilities Administration (LWUA), including acting administrator Jeci Lapus, and interim MCWD BOD members Roberto Andres, Eileen Vega and Cristina Marcelina.

Labella issued a notice of termination in October 2019, leading LWUA to install an interim board to replace them.

At that time, the MCWD BOD consisted of Joel Mari Yu as chairman, Ralph Sevilla as vice chairman, Cecilia Adlawan as secretary, and Procopio Fernandez and Augustus Pe as members.

Labella said at the time that he terminated their services due to widespread dissatisfaction among consumers of the water utility regarding their performance in the preceding months. Pe, Sevilla and Adlawan were appointees of former mayor Tomas Osmeña.

Labella further said that his loss of trust and confidence in them constituted a just cause for their removal.

On July 7, 2022, LWUA submitted a manifestation to the court, informing them of the passing of acting administrator Lapus on July 11, 2021.

The Cebu City Attorney’s Office also submitted a manifestation on July 19, 2022, notifying the court of Labella’s death on Nov. 19, 2021, and the assumption of Vice Mayor Michael Rama as the new mayor. Rama decided to withdraw from the ongoing legal battle involving the former executives of MCWD.

In his decision, RTC Branch 17 Judge Anacleto Debalucos affirmed Labella’s power to remove or discipline the members of the MCWD BOD.

“The late defendant Mayor Labella had the power or authority to terminate the services of the plaintiffs as BOD members of MCWD,” read a portion of the decision dated June 30, 2023.

Regarding LWUA’s power to review Labella’s decision, Debalucos ruled that Section 11 of Presidential Decree 198, as amended, clearly grants LWUA the authority to review Labella’s decision in removing the former BOD members of MCWD.

THERE are plans to extend the runway at Bantayan Island Airport in northern Cebu from its current length of 1.2 kilometers to 1.5 kilometers in order to accommodate larger commercial aircraft.

Once implemented, the airport, located in Santa Fe town in the tourist destination of Bantayan, will be capable of handling bigger planes, which will attract more tourists to the island.

Julius Neri Jr., general manager of the Mactan-Cebu International Airport Authority (MCIAA), discussed the matter with Cebu Gov. Gwendolyn Garcia during a recent meeting.

Neri explained that while the airport’s current runway can accommodate smaller planes, it falls short of the length requirements for larger commercial aircraft operated by airlines like Cebu Pacific and Philippine Airlines.

Governor Garcia welcomed the plan and expressed the willingness of the Provincial Government to help by acquiring the surrounding properties to extend the airport’s land area. Bantayan Island Airport is situated on a property owned by the Capitol.

During the meeting with the governor, Neri was accompanied by Andrew Harisson, the former chief executive advisor of GMR-Megawide Cebu Airport Corp. (GMCAC).

Last March, the airport’s upgraded runway was inaugurated. However, regular commercial flights to Bantayan have not been launched yet. Currently, the airport only caters to chartered flights.

While the airport has been operational since its launch in April, Neri emphasized the need to extend the runway’s length in order to offer regular flights to Bantayan, a popular white sand beach destination for both locals and foreign tourists.

Neri also mentioned plans to establish firefighting facilities, including a fire station and fire trucks, inside the airport to ensure safety, as the airport is expected to become highly commercialized in the future.

The Capitol, MCIAA and GMCAC are scheduled to sign a tripartite agreement next month for the management of the airport. While the Capitol owns the land, MCIAA manages the airport, and GMCAC is responsible for terminal operations.

Bantayan Island Airport is less than 30 minutes away from Mactan-Cebu International Airport by plane.

THE couple who allegedly abandoned more than 100 starving and ailing dogs in the mountain village of Adlaon, Cebu City have been charged before the prosecutor’s office for allegedly committing cruel acts against animals.

Lorna Oberes and her partner Edwin Casas along with unidentified caretakers have been named respondents in the complaints filed against them by the City Department of Veterinary Medicine and Fisheries (DVMF) on July 5, 2023.

The respondents were accused of violating Sections 16 and 17 of City Ordinance (CO) 2526, which penalizes individuals who harm animals, and Section 6 of Republic Act (RA) 8485, or the Animal Welfare Act of 1998.

Section 16 of CO 2526 prohibits “any person to torture any animal or neglect to provide adequate care sustenance,” while Section 17 states that “acts of cruelty to animals shall be absolutely prohibited in Cebu City.”

Cruelty to animals refers to acts or omissions towards animals that cause them to suffer from unnecessary pain, suffering and distress, according to the ordinance.

Section 6 of RA 8485 declares torturing, neglecting to provide adequate care, sustenance, or shelter, or maltreating any animal to be an offense.

Report

DVMF head Dr. Jessica Maribojoc said in a sworn judicial affidavit that the DVMF conducted animal health services in Adlaon on May 15.

They later received a report from Barangay Councilor Loedilto Gabud regarding Oberes, who allegedly abandoned the dogs in her residence, risking the safety of other residents.

During the initial inspection on the same day, the DVMF personnel discovered more than 100 malnourished dogs exhibiting cannibalistic behaviors in Oberes’ abandoned residence.

In an earlier report, Maribojoc said she was surprised upon learning about the existence of a dog shelter in the barangay.

She learned that some of the neglected dogs had escaped from the shelter, and attacked and killed animals belonging to Roland and Marivic Tan. The harmed animals included turkeys and sheep, resulting in damage amounting to almost P500,000.

In a press conference on May 31, Oberes said her partner, Casas, allowed her to stay in Adlaon, and promised her that he would provide financial assistance for the dogs.

She initially had 30 dogs, but their number increased to 40 due to the lack of birth control and interventions.

Non-registration of dogs

Oberes admitted that she did not register her dogs because she was unaware of the law requiring their registration.

Oberes further confessed that she had not been living in Adlaon since February 2023, and she had not conducted any monitoring of the dogs she left behind, leaving their care solely to the caretakers.

Maribojoc said from May 17 to 19, the DVMF conducted a rescue operation in coordination with Barangay Adlaon, Cebu City Government, the Philippine National Police, and the Cebu City Disaster Risk Reduction and Management Office.

A total of 101 malnourished dogs were rescued from Oberes’ uninhabited house.

In the last week of May, around 32 dogs were scheduled for euthanasia or mercy killing because of their frail state. But the DVMF postponed it as there were people who promised to adopt some of them.

While waiting for their adoption, nine of the dogs died.

FREE public Wi-Fi has been installed in 50 of the 80 barangays in Cebu City, enabling city residents to access government services and information.

This, after the Cebu City Goverment partnered with private telecommunications company PLDT to roll out free public Wi-Fi services in the 80 barangays across the city.

Such a program is part of Cebu City Mayor Michael Rama’s vision of turning Cebu City into a smart city.

Cebu City Management Information and Computer Services head Dax Arcilla told SunStar Cebu on Wednesday, July 12, 2023, that each barangay will have a connection point which will be installed in strategic locations around the city.

The free public Wi-Fi has been installed in strategic, high foot traffic locations, including barangay halls, barangay gyms, sports complexes and other key areas in 50 barangays.

In a press statement, PLDT said cloud-managed access points will also be in place to enable the monitoring of real-time alerts in case of connectivity issues. The public can access the Wi-Fi through an online portal.

Arcilla said the City’s role is the implementation of the Wi-Fi services and monitoring of the network, while PLDT’s responsibility is to provide the equipment and platform.

Arcilla said the City has no capital expenditures but only operational expenses and is spending around P2,000 a month per barangay.

Work on implementing the service for the 50 barangays started last year and was completed around February this year.

Infrastructure lacking

The City is now working on the remaining 30 barangays which are located in mountain areas that lack existing infrastructure such as fiber connections.

The City is looking at a few options in implementing the services in mountain barangays.

Arcilla said there are proponents who have intentions to set up a fiber connection, while another is interested in point-to-point connections.

Arcilla also said he is working with network providers and cell tower contractors to see if they can expand their coverage and that he will evaluate the proposals to see if these are resilient and reliable.

Over the phone, Cebu City Mayor Michael Rama said he is thankful to PLDT and that digitalization is important in reaching his goal of having the city become a smart city. Rama is hoping that in less than three months’ time all barangays will be provided with the service.

“Connectivity, because that is part of the ingredients of a Singapore-like Cebu City,” said Rama when asked for his comment on the program.

PLDT said its support through the program emphasizes the company’s efforts in powering cities and providing them with platforms in achieving digital transformation through their networks. And this is also part of the United Nations Sustainable Development Goals, with SDG No. 9 being Industry, Innovation and Infrastructure.

“We are fully supportive of the local government of Cebu City’s digital aspirations, and we are happy to be their trusted partner in helping improve the experience of their constituents, especially in maximizing the city’s digitally enabled services,” said Kent de la Calzada, assistant vice president and head of customer relationship management in Visayas and Mindanao.

THE Cebu City Council Committee of Three-South has imposed a two-month suspension against Apas Barangay Captain Virgil Cabigon and officials Allan Ybañez, Elizabeth Maña and Rebecca Flordeliz of Barangay Apas, Cebu City who were found guilty of simple misconduct over the purchase of two trucks whose brands they specified for the bidding.

This came after Mathan Jechoniah Serena filed a complaint on April 27, 2020 against the barangay officials of Apas for an administrative offense. He said they violated Section 18 of Republic Act (RA) 9184 and Section 3(e) of RA 3019 by buying one garbage compactor and one forward dump 1.5 truck for P1.5 million each.

The case report said Serena discovered that the Invitation to Bid on the Philippine Government Electronic Procurement System (PhilGeps) had the specific brand name, engine and chassis numbers of the trucks.

Serena claimed that this violated Section 18 of RA 9184, which prohibits reference to brand names in the specifications for the procurement of goods.

Section 18 states that “specifications for the procurement of goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.”

He also said the Technical Working Group and Bids and Awards Committee violated Section 3(e) of RA 3019, or the Anti-Graft and Corrupt Practices Act, by negotiating and awarding the two units to Nader Ichi Corp.

Section 3(e) constitutes as corrupt and unlawful “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

The provision applies to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

Harmless mistake

The case report stated that the barangay officials said they had made a simple and harmless mistake by including the specific brand name, engine and chassis number of the trucks they bought from Nader Ichi Corp.

The case report said Cabigon asked Eddie Villa Jr., the Barangay Apas secretary, to look for a garbage truck for the bidding.

They first requested to buy a garbage truck for P3 million on Aug. 19, 2019 with purchase request No. 19-08-45.

However, after they posted the Invitation to Bid (ITB) with the help of engineer Mark Anthony Ybañez for the P3 million garbage truck on the PhilGeps website, a supplier called Cabigon and told him that the price was too high and that he could buy two trucks for that amount.

So Cabigon opted to modify the bidding for the garbage truck, justifying that the barangay can purchase two trucks--a dump truck and a compactor--for the same budget of P3 million.

They also claimed that they acted in good faith and did not cause any harm or unfairness because the barangay got two garbage trucks instead of one for the same P3 million budget.

SunStar Cebu reached out to Apas Barangay Captain Cabigon on Wednesday, July 12, 2023; however, Cabigon declined to comment on the matter.

PhilGeps account

Ybañez said in his June 22, 2021 affidavit that the barangay members asked him to help them post their procurement on the PhilGeps website because they did not have a PhilGeps account.

He said Villa told him to cancel the procurement later because they had changed the items they wanted to buy from one garbage truck to two trucks, one compactor and one forward dump 1.5.

He stressed that the information in the ITB was just taken from the purchase request that Barangay Apas made and gave to them, and they gave it back to the barangay after they posted it on the PhilGeps.

Findings

The committee, however, found that the actions of the respondents violated Section 18 of RA 9184, but held them administratively liable only for simple misconduct.

It cited G.R No. 213502 (Miranda vs. the Civil Service Commission and the Department of Health), which states that simple misconduct is a transgression of some established rule of action, an unlawful behavior, or negligence committed by a public officer. To constitute misconduct, the act or acts must have a direct relation to, and be connected with, the performance of one’s official duties.

The committee further found the procedure for the procurement process as not willful, gross and flagrant disregard that showed substantial evidence of corruption.

The committee said the complainant did not show that the respondents broke Section 3(e) of RA 3019, which means they used their positions for their own gain or acted with obvious bad faith.

The committee also said the complainant did not show that the respondents deliberately ignored the legal rules of conduct.

Cabigon told SunStar Cebu in a text message on July 12 that he would still run for barangay captain of Barangay Apas in the Barangay and Sangguniang Kabataan Elections this October, despite the development.

Committee of Three-South

Cebu City Councilor Nestor Archival told SunStar Cebu on Wednesday that the three-south committee has two south district councilors and one minority councilor if the case being settled involves an official who is from the north district.

Barangay Apas is in the north district.

Archival, who represents the north district, said he is the minority member, Phillip Zafra is the chairman, and Renato Osmeña Jr. is the other south district member.

Profound ethnic divisions in Manipur have led to complete segregation of the warring communities.

A social stigma against women in STEM fields is a ‘loss for the nation’ that is lowering innovation, productivity and competitiveness in Japan.

Durian is growing increasingly popular in China, with imports soaring by more than 150 per cent in the first quarter, and is being gifted to newly engaged or married couples, as well as to prospective mother-in-laws.

Police are continuing to hold retail offenders to account with a multitude of arrests across the country.

Police has continued to focus on retail and youth crime with some encouraging results:

Police's National Retail Investigation Support Unit has laid 1,331 charges against 223 offenders since May 2022.

Between 1 December 2022 and the end of May 2023, there have been approximately 388 ram-raid

Azerbaijan has barred the International Committee of the Red Cross (ICRC) from using the only road connecting Nagorno-Karabakh to Armenia and the outside world.

The State Border Service made the announcement on July 11 citing "repeated attempts to smuggle various

July 13, 2023 1:57 AM

Plan blocked by France and criticised by China is still up for discussion, Nato chief says.

July 13, 2023 1:42 AM

The 31-year-old victim told police she was drunk and passed out before she was raped.

Community organisations working to prevent family violence in areas affected by Cyclone Gabrielle will receive a significant boost in funding, Minister for Prevention of Family and Sexual Violence Marama Davidson has announced.

Ngti Kahungunu Hawke's Bay, Ngti Kahungunu ki te Wairoa, and Manaaki Tairawhiti will together receive close to $1 million towards

A range of new projects are showing what's possible when it comes to low emission off-road vehicles and water-borne vessels, as part of a new round of Government funding announced today.

Energy and Resources Minister Hon Dr Megan Woods has confirmed 19 innovative transport projects, inc

Members of the medical community have expressed opposition to the proposed transfer of the Philippine Health Insurance Corp. to the Office of the President.

Six augmentation projects are ongoing to address the impact of the National Water Resources Board allocation of 48 cubic meters per second to the two Metro Manila water concessionaires due to Angat Dam’s declining water level.

In marking the seventh anniversary of the South China Sea ruling on July 12, the United States urged China to follow international law and stop harassing vessels of claimant states operating in their exclusive economic zones.

President Marcos is set to sign into law next week the Maharlika Investment Fund bill, which his administration considers as a landmark measure, Senate President Juan Miguel Zubiri said yesterday.

Taxes that “hit the rich” will be discussed before any tax on junk food and sweetened beverages, Albay Rep. Joey Salceda vowed as Congress is set to resume session on July 24.

One in every four Filipinos burned garbage despite a two-decade-old law prohibiting the open burning of solid waste, according to a survey conducted by Social Weather Stations.