MikeLigalig.com

Written by Joe Espiritu
Columnist
Bohol Sunday Post

Media practitioners and assorted observers were disappointed when Hon Danilo Bantugan, Kagawad of the Sungguniang Panlunsod of Tagbilaran did not appear before the Sangguniang to confront Hon Alfonso Damalerio Kagawad of the Sangguiniang Panlalawigan in the session of the latter. The expected firework did not materialize. It is not that Dan Bantugan got cold feet but to face Al Damalerio in his turf is a no win situation for the former.

If Bantugan dared show his face alone in the Sangguniang Panlalawigan Halls, he might be interpellated to death. He would have to face civil engineering problems, which he may not be equipped to answer. Or he may have to explain a program of work for the drainage, which is not yet drawn up. He may be made to look foolish wittingly or unwittingly, now that the tiff is in the open.

The tiff sprang from the privilege speech of Damalerio in a session of the Sangguniang Panlalawigan denouncing the deplorable state of the city drainage.

Foul smelling waters sweep the city during heavy rains. This tirade if one may call that, roused the ire of the city authorities. Atty Dan Bantugan in his privilege speech in the Sangguniang Panlunsod virtually called Al Damalerio a meddler in city affairs and pronounced him a persona non grata of the city. This could be right or this could be wrong.

Al Damalerio is a provincial board member; his concerns are the welfare of his constituents. If he is a First District kagawad, then he has constituents in Tagbilaran City thus he has interest in their welfare. If he has a resident in Tagbilaran, then he has the right to complain about the situation. Now comes the provision, which may confuse the issue.

In the Rules and Regulations Implementing the Local Government Code of 1991 Republic Act 7160, Rule XII Art 59 Section (a) states that the provincial government has supervision over component cities and municipalities under its territorial jurisdiction. However, highly urbanized cities and independent cities are no included. If the City of Tagbilaran belongs to the previous category, Damalerio, as a board member can castigate the city authorities in the Sangguniang Panlalawigan.

However, if Tagbilaran belongs to the highly urbanized or independent component city category he would be out of the line. Then if Damalerio is a resident or has a residence in Tagbilaran, being a constituent, he can still denounce the situation in the Sangguniang Panlunsod. Since he is a city constituent, this would be the proper venue. Still, as a citizen of the Philippines, he can still air his complaints anywhere but no in these two Halls.

Relatively, the City of Tagbilaran does not have a severe drainage problem. But it may have in the future. The city sits high above the sea level. Rains would just seek natural waterways to reach the sea. The limestone base of the soil is porous that light rains can be easily absorbed. We can say however that the Tagbilaran drainage system is obsolete. It was, are not built for present condition.

More houses and buildings built, more sewage water generated, more pavements, which prevents absorption of runoffs, are constructed; concrete barriers channel or impede water flow. Main sewer pipes may have been laid, however underground feeder pipes, which convey water to the mains are not yet installed. Then, the city has to contend with water from upper municipalities, Perhaps that is where Al Damalerio would he able to help the City of Tagbilaran.

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Obiter Dictum    
By: Dandan Bantugan
Bohol Chronicle
May 28, 2008

Shortly after we delivered our privilege speech in reply to the privilege speech of Board Member Ae Damalerio, we have been subjected to a barrage of text brigades and media attacks giving more emphasis on our threat to pass a resolution declaring him persona non grata instead of the substance and purpose of our privilege speech.

Our absence during the meeting of the Committee of the Whole last Friday was also given malicious undertones. No matter how we shall offer justification to our absence, the same would not be given merit as we have been prejudged.

The rationale behind our privilege speech was simple: that we have to answer Damalerio's tirade about the city government's alleged inaction over the city's drainage problem. Otherwise, it would have been a case of admission by silence.

* * * * * * *

In fact, most of our colleagues disagree with Damalerio's allegations in his privilege speech. We also emphasized in our privilege speech that it was our personal belief and conviction that Damalerio owe an apology to the city officialdom.

It is our considered opinion that while it may be a right of every citizen to criticize or offer assistance to a public concern like the drainage problem, this does not merit a privilege speech in the halls of the Sangguniang Panlalawigan more so with Damalerio who is a known protégée of Cong. Edgar Chatto, whose brother-in-law, Vice Mayor Jose Antonio Veloso is at odds, politically speaking, with City Mayor Dan Lim.

But our responsive action is now used as an instrument to project a media war down to the level of character assassination not to mention the text brigades and black propaganda against us. We humbly admit that we do not have the same media prowess and resources to turn the tables in our favor.

* * * * * * *

Unrelenting, our good friend Board Member Ae Damalerio sent a letter to all the members of the Sangguniang Panlungsod through Vice Mayor Veloso which was read during our regular session last Monday.

After hearing the contents of his letter, we felt that his reaction had already gone too far, i.e. by comparing the Balilihan market with the Agora, that he garnered 3,000 more votes during the last elections even if we ran in different positions and that we are a "loudspeaker" (one of our colleagues quipped: "Look whose talking") and the like.

In closing, Damalerio stood firm that he would not seek an apology. He said he would only do so if it would solve the drainage problem. Fine, we have to respect his stand even if as far as we are concerned, damaged has been done.

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Let it be stressed here that we are not taking the bait of promoting a hate campaign between Board Member Damalerio and this writer. In the first place, we belong to different levels, whatever that means.

Second, we are just consoled with the letter of Vice Gov. Julius Caesar F. Herrera to Mayor Dan Lim copy furnished to all the members of the city sanggunian which we shall print here in full on Sunday.

In the meantime, we moved at the end of our regular session last Monday, which was duly second and unanimously approved, to have Damalerio's peppery letter, be lovingly consigned to the archives. End of story.

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