City lawyer says: City can hire defeated bets

CEBU, Philippines - The Cebu City government may hire as consultants those who ran and lost in the May 2016 elections.

This was the statement of City Legal Officer Joseph Bernaldez in defense of the decision of Mayor Tomas Osmeña to include former councilors Nestor Archival, Sr. and Nida Cabrera in the Cebu City Zoning Board and the Cebu City Women’s and Family Affairs Commission, respectively.

Archival and Cabrera are the mayor’s allies in Bando Osmeña Pundok Kauswagan (BOPK) but both lost in the recent polls.

“The general rule is hiring of defeated candidates is prohibited but there are exemptions,” Bernaldez said.

He cited the ruling of the Civil Service Commission in the case of Governor Remedios Petilla of Leyte Province, which states that “by definition, a consultant is one who provides professional advice on matters within the field of his special knowledge or training. There is no employer-employee relationship in the engagement of a consultant but that of client-professional relationship.”

“Thus, consultancy services are not considered government service and a consultant is not considered a government employee. Consequently, a contract for consultancy is not submitted to the Commission for approval,” the CSC said.

Bernaldez defended Osmeña after Councilor Jose Daluz III questioned Archival’s appointment, arguing that the latter is covered by the one year post-election ban.

Bernaldez said Daluz can raise his concern before the CSC.

“Walay gi-violate ang mayor. Ang among basis is duly supported by rulings,” Bernaldez said.

He also cited the legal opinion he issued in 2010 and the legal opinion of former City Legal Officer Jerone Castillo in 2013, both of which cited the ruling of CSC.

Daluz stands by his argument. He said he will raise the issue to the Department of Interior and Local Government-7.

“This is indirectly violating the law. So, ako nalang diay i-hire og consultants ang defeated candidates? Pwede diay? Tanan nalnag i-hire as consultants?” he said.

Archival has said he has declined the appointment as representative of the private sector in the Zoning Board and has not attended any of its meetings.

Cabrera, too, said she has not attended any meeting of the Women’s and Family Affairs Commission, as she has not received any formal appointment just yet. (FREEMAN)