Ombudsman: Ignorant of its own laws!
While waiting for the arrival of President Rodrigo "Digong" Duterte, at the Vicente Sotto Medical Center (VSMC), I chanced upon Philippine National Police Chief Ronald "Bato" dela Rosa and he recognized me as one of the few Cebuanos to write for a national newspaper. He was with PNP-7 Regional Director Chief Superintendent Joel Doria when I only asked him a question … whether the PNP Chief would order the police force to enforce the Anti-Noise Law?
I explained to Bato that discorrals have long been disturbing the peace and quiet of our neighborhood just because it is the fiesta of a sitio or barangay. I asked the Chief PNP what gives people the right to disturb the peace? He asked me what was happening? I told him in no terms that even the ordinary policeman whom we report this violation of our laws is inutile in enforcing the laws. Hence right in front of Doria, Bato ordered him to let all policemen enforce all laws that are being violated.
Mind you, in the United States, you cannot hold a boisterous party where you end up disturbing your neighbors because they would certainly call the police to stop the party. Hence call this a warning to disc jockey's in discorrals that when they turn on the volume of their loudspeakers, we will ask for the detention of persons responsible for disturbing the peace. Above all, the Chief PNP has taken cognizance that his men have not enforced this law. So it is high time to put this issue to the test!
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Will the issue of the Ombudsman's dismissing Deputy Speaker Gwen Garcia trigger her return to the Office of the Governor? This is probably a debate that would last until the elections of 2019. But indeed, the Office of the Governor of Cebu has not been felt under Governor Hilario "Jun Jun" Davide III simply because the latter has never been a performer when he was a Cebu City councilor and we would have thought that he would be a performer as Cebu governor. Unfortunately, Davide is merely contended of just sitting in the Governor's Office.
For the record, Gov. Davide recently tried to call a meeting of the people involved in traffic management in the various municipalities or cities of Cebu province. But since that meeting supposedly happened, there was really no "big bang" decision purportedly designed to help ease traffic congestion in the south. How I wish that Gov. Davide would be able to whip those traffic enforcers to toe the line so to speak.
Meanwhile back to the issue regarding the dismissal of Deputy Speaker Gwen Garcia, I was able to talk with her for a few minutes and she revealed to me that, as of press time, she has not received a copy of the dismissal order by the Office of the Ombudsman, which could only mean one thing … that the Ombudsman used her media connections to publicize her dismissal, more so that no less than House Speaker Pantaleon "Bebot" Alvarez is not implementing the Ombudsman's order.
Regardless of the legal issues involved, I was able to read the Ombudsman Law that Congress enacted on Nov.17, 1989 notably Section 21 of Republic Act No. 6770 which states, "Officials Subject to Disciplinary Authority: Exceptions-The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress and the Judiciary."
This section clearly exempts members of Congress from the clutches of the Ombudsman … which is why the House Speaker was so very sure of himself when he said that he was not implementing the order of the Ombudsman. So in the end, Conchita Carpio-Morales has only shown her ignorance of the very laws that govern her office.
In a similar, but different situation, the Office of the Ombudsman ordered the dismissal of my good friend, Arnel Tancinco formerly Land Transportation Office OIC and formerly with CITOM for alleged illegal solicitation. Unfortunately for Arnel, he has no House Speaker to fight for him to keep his job … nor is his agency exempted from the jurisdiction by the Office of the Ombudsman.
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