Natural calamities as electoral and legal issues

When a number of people die because the local government units allowed cement and other mining operations to continue operating, despite the grave and imminent dangers already forewarned by national agencies, then it stands to reason that local officials can be sued administratively for sure, and even perhaps civilly and criminally. I withhold judgment as to the guilt. That is for the court to decide. Public office is a public trust. I refer to the mayor, of course, but not to the governor. The governor is far too removed from the situs of the decision-making. And the principle of command responsibility or “respondeat superior” may not be applicable. It is the mayor who has direct and proximate knowledge of the situation on the ground before the disaster struck. He or she could have prevented the fatal accidents, but obviously, failed to exercise the diligence of a “bonum pater familium,” or that of a good father of a family.

Once settlers, even if they are local migrants coming from other towns, establish residence inside the territorial jurisdiction of a local government unit, the chief executive of that unit becomes responsible for their health, safety and well-being, security and welfare. After all, these migrants are working or establishing their small-scale enterprises or underground economic activities inside the city or the town. Somehow, they also contribute to the economic and social development of that LGU by their labor and entrepreneurship. For this reason, the top executive of that unit becomes responsible for protecting them from all forms of harm, including those that might be caused by disasters and calamities.

No business enterprise can continue to operate without a permit from the LGU. The head of licensing units are directly under the control and supervision of the mayor. Permits are issued not peremptorily and mechanically but with the utmost exercise of prudence, attention, care and focus, especially when lives are at risk and when tremendous disturbances of the natural environment are being undertaken by invasive operations using massive machineries and equipment, which necessarily cause underground plate movements and can very well cause landslides, like what happened in the mountains of Ifugao recently.

A mayor does not sign a permit without being fully aware of all the expected consequences of any disaster. There must be substantial evidence, or that degree of proof that a reasonable mind might accept to support a logical conclusion, that proper and adequate assessment had been undertaken by technical experts under the mayor's supervision, before a permit to operate shall be issued to the mining company. That is why in an election season, the competence of a local executive to exercise his or her functions is a valid electoral issue. It is not just plain politicking. The people have the right to withdraw confidence from a leader who has been remiss, if that is the case, based on evidence, in the exercise of official functions.

It is not enough that cases are filed. This issue should be debated in various fora and the people should decide using their sovereign power during election day. Public office is a public trust. If the trust had been violated, confidence can be withdrawn and more competent leaders should be allowed to take over. That is how democracy works.