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Rm. N-411, House of Representatives, Quezon City, Metro Manila, Philippines
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Neither the Constitution nor a statute can enable President Rodrigo Duterte or his alter ego to appoint en masse or selectively barangay chairmen and officials, contrary to the statements of Speaker Pantaleon Alvarez and House Majority Leader Rodolfo Fariñas.

Section 8 of Article X of the Constitution provides that: “The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms.”

Verily, the Constitution itself classifies barangay officials as “elective local officials”, although their term of office is determined by law and not fixed by the Constitution.

Consequently, the Congress can only provide for the term and periodic elections of barangay officials but it cannot authorize the President to appoint barangay officials who are categorized by the Constitution as “elective local officials” who shall be elected by their qualified constituents.

Even the various barangay election laws, including RA No. 10923 which postponed the October 2016 barangay elections to the fourth Monday of October 2017, provides for hold over of incumbents.

Section 3 of RA No. 10923 provides that “Until their successors shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause.”

Democratic electoral processes should never be sacrificed to the questionable scheme of the President and his cheerleaders in the House of Representatives.

It has been consistently provided under the various barangay election laws, including the law which postponed the barangay elections to October 2017, that all barangay elected officials shall serve until their successors are duly elected and qualified, unless meanwhile they have been dismissed for cause.

Existing laws, which must be maintained, do not provide for appointment of OICs for elective barangay positions.

Any further postponement of the village polls must not allow the appointment of OICs either by the President or the Secretary of DILG.

The choice of elective officials belongs to the electorate.

 

EDCEL C. LAGMAN

There has been no meeting called by the Liberal Party leadership among its members in the House and in the Senate on the Duterte impeachment complaint.

In particular, the LP contingent in the authentic minority has not been consulted either individually or collectively on Quimbo’s statement that the LPs in the House are not supporting the impeachment complaint against Duterte.

A fair reading of the Alejano complaint shows that it is sufficient in form and in substance.

The committee on justice must conduct extensive hearings on the complaint and allow Rep. Alejano to present witnesses and documents to support the impeachment of President Duterte.

 

EDCEL C. LAGMAN

 

Rep. Edcel C. Lagman
0917-1023737 / 0916-6406737
NB: Rep. Lagman can be contacted via viber (0917-1023737)

There is a whale of a difference between the impeachment complaints against President Rodrigo Duterte and Vice President Leni Robredo.

The significant variances are the following:

  1. While President Duterte is charged with the high crimes of multiple murders and crimes against humanity for the summary killing of around 8,000 drug suspects which he reportedly encouraged, induced, tolerated and/or condoned, Vice President Robredo is supposedly charged with bringing to the attention of the United Nations, the institutional guardian of human rights and the rule of law, the extrajudicial killings committed in the wake of President Duterte’s deadly campaign against the so-called drug menace.

  2. President Duterte is charged with betrayal of public trust for the said extrajudicial killings, while Vice President Robredo upheld public trust by reporting the said summary executions to seek the stoppage of and sanctions for the said wanton criminality.

  3. President Duterte is accused of violating his oath of office under the Constitution for flagrant failure to execute the laws, do justice to every man and consecrate himself to the service of the nation, while Vice President Robredo for her actions has preserved and observed the sanctity of her oath of office.

The ascendancy of reason must prevail over the superiority of numbers when the House of Representatives assesses the disparate impeachment complaints.

 

EDCEL C. LAGMAN

A policy of reprisal and repression has been institutionalized by the leadership of the House after the anti-death penalty lawmakers were ousted today from their key positions.

The ploy of the House leaders asking the political parties concerned to recommend partymates to replace those members who were stripped of committee chairmanships is a double-edged sword to:

  1. Mollify the party by enticing it to remain with the majority coalition by giving it the opportunity to maintain party chairmanships; and

  2. Drive a wedge within the party by pitting one member against another.

No party worth its salt should fall prey to this malevolent scheme.

Since Speaker Alvarez has made good his threat after days of procrastination, any plea for “magnanimity” not to push through with the revamp is pointless.

Bold and decisive moves of the political parties and members affected must be the answer to the vindictiveness and tyranny of the House leadership in suppressing dissent and free will.

 

EDCEL C. LAGMAN