31/01/2013
PRIVILEGE SPEECH OF CONG. ROSENDO “DODOY” S. LABADLABAD ON 30 JANUARY 2013
Thank you Madam/Mr. Speaker.
Madam/Mr. Speaker, distinguished colleagues:
I rise on a question of personal and collective privilege involving the present state of GOVERNANCE and the RULE OF LAW in my province-Zamboanga Del Norte.
Madam/Mr. Speaker, when we took our oaths of office as Representatives of our legislative districts, all of us swore to protect and defend the Constitution and to obey all lawful orders issued by the duly constituted authorities. Virtually the same oath had been taken by all other public officers, elected or appointed. DILG Secretary Manuel A. Roxas II was no exception.
On October 19, 2012 the Supreme Court En Banc rendered a Decision, the dispositive portion of which reads:
“### ### ###”
“Let copies of this Decision be furnished the Secretaries of the Department of Justice and the Department of Interior and Local Government so they can cause the arrest of, and enforce the jail sentence on, Dominador G. Jalosjos Jr. due to his conviction for the crime of robbery in a final judgment issued by the Regional Trial Court (Branch 18) of Cebu City ### ###.”
“SO ORDERED.”
The corresponding Entry of Judgment certifies that the aforesaid Decision has, on November 21, 2012, become final and executory. Pursuant thereto, DILG Undersecretary Austere Panadero referred the Supreme Court Decision to then PNP Chief, Director General Nicanor Bartolome, for “information and appropriate action.”
Based on the same decision, after being proclaimed by the Comelec Special Board of Canvassers last January 24th, Honorable Agapito J. Cardino was installed by the DILG as the duly elected Mayor of Dapitan City last Saturday, January 26th.
Verily, when the DILG leadership issued the directive to cause the arrest of, and enforce the jail sentence on, Dominador Jalosjos Jr., and installed Honorable Agapito J. Cardino as Mayor of Dapitan City, it was merely obeying and implementing the final and executory decision of the Supreme Court En Banc. The Rule of Law demands no less!
Madam/Mr. Speaker:
The DILG’s faithful adherence to the Rule of Law may have caused the emotional outburst last Monday of our colleague from the First District of Zamboanga Del Norte who ranted in his privilege speech: (and I quote) “Eto na ba ang bagong style ng MARtial law? Makabagong bersyon po ba ito ng diktatorya?” Of course, these sweeping and baseless accusations only demean this hallowed hall where, only a few days ago, the ghost of martial rule was effectively exorcised by our enactment of the Human Rights Victims Reparation and Recognition Act. As legislators and members of this August Body, we should realize that, even as we can hide behind the shield of parliamentary immunity, our own conscience and the truth will surely and constantly haunt us for lies peddled and falsities committed.
Marahil layunin ni Kongresman SETH FREDERICK JALOSJOS na iligaw ang isyu kaugnay sa nakatakdang pag aresto sa kanyang tiyuhin na si dating Dapitan Mayor DOMINADOR JALOSJOS kaugnay sa kasong robbery noong taon 1969 matapos pagtibayin ng Korte Suprema ang naging desisyon ng mababang Korte.
With the onset of the election period, checkpoints now form part of the Comelec’s legally mandated tools and strategies to help ensure peaceful, orderly and honest elections. For as long as prescribed guidelines and protocol are strictly followed in the establishment and the operation of said checkpoints, law abiding citizens should have no reason to fear. From reliable information we have gathered, it appears that Supt. Maclang was just dutifully conducting and performing his job in implementing the Comelec-imposed total gun ban for the May 2013 elections when the incident complained of happened. However, if our distinguished colleague from the First District of Zamboanga Del Norte is convinced that P/Supt. Maclang or the police officers manning the checkpoint have committed a violation of his rights, by all means he should hale them before the Ombudsman and other Prosecuting/Investigating arms of the Government so they may be dealt with in accordance with law.
But it is the height of ignorance and injustice to blame Pedro for the sins of Juan. There is absolutely no basis for blaming and crucifying the Secretary of Interior and Local Government for the alleged malfeasance or misfeasance of a police officer while in the performance of his official duties. More specifically, should Secretary Roxas be held responsible for the deaths of 13 victims in the Atimonan checkpoint operation? In fairness to the PNP and the DILG, police officers who violated basic guidelines and procedures in that notorious incident had been speedily relieved and promptly slapped with administrative charges.
Madam/Mr. Speaker:
It also bears stressing that most, if not all, of the administrative cases filed against P/Supt. Maclang and used by the Governor to seek his ouster have already been dismissed. More importantly, it was the Office of the City Prosecutor of Dipolog that found probable cause against the five (5) media men who were eventually charged in court with the non-bailable offense of Drug Pushing. Thereafter, the RTC Judges to whom the cases were raffled had concurred in the resolution of the City Prosecutor, for which reason they issued the corresponding warrants of arrest. Prevailing jurisprudence and the Rule of Law demand no less!
Nonetheless, are we to understand that our distinguished colleague is also questioning the integrity and capability of the RTC Judges who issued the arrest warrants? Or, is he insinuating that said judges are manifesting dictatorial tendencies?
Madam/Mr. Speaker, distinguished colleagues: My district includes the Municipality of Sindangan which has been maliciously labeled as the center of “extra-judicial killings” allegedly perpetrated by P/Supt. Maclang. Being a native Sindanganon, I can state for the record that this accusation is an outrageous lie! P/Supt. Maclang was on schooling at the National Defense College between November 2011 and October 2012. He returned to the Province and was initially re-assigned to head the Provincial Public Safety Company only last November 2012. The alleged shooting incidents in my town actually happened before the return of P/Supt. Maclang to Zamboanga Del Norte and outside of his previous area of responsibility. Based on the investigations of the Municipal Police Station, it appears that these killings could be attributed to rivalries among drug syndicates that used to proliferate in the area.
Upon his assumption as Provincial Public Safety Commander, Supt. Maclang announced that he would launch a no nonsense anti-drugs and illegal gambling campaign in his AOR. This may have hurt the illegal drug and gambling business operations of some influential people and politicians in the province. But the Rule of Law and Good Governance demand no less!
Tapos na ang panahon ng kuntsabahan. Marahil nasanay sila noong nakaraang administrasyon na lahat ng gusto nila ay nagagawa nila at walang batas na umiiral. Sa daang matuwid ni Pangulong P’NOY lahat ay pantay pantay sa ilalim ng batas. Ang lahat ng may sala sa batas, mananagot sa batas. Kaya panawagan ko sa kanila na kusang loob na nilang isuko sa awtoridad si DOMINADOR upang panagutan nito ang kanyang pagkakasala sa batas.
Madam/Mr. Speaker, consistent with the Aquino Administration’s relentless pursuit of tuwid na daan, the Philippine Development Plan 2011-2016 enunciates that (and I quote):
“Good Governance sets the normative standards of development. It fosters participation, ensures transparency, demands accountability, promotes efficiency, and upholds the rule of law in economic, political and administrative institutions and processes. x x x”
“A cornerstone of good governance is adherence to the rule of law, that is, the impersonal and impartial application of stable and predictable laws, statutes, rules and regulations, without regard for social status or political considerations”. (unquote)
This pointed reminder challenges not only government officials and employees, but also every Filipino citizen, to actively participate in the task of nation-building, in alleviating poverty, and in resolutely pursuing the fight against graft, corruption and criminality. The tested tools and instruments for the attainment of these goals are: Good Governance and the Rule of Law. I am confident and certain that the Department of Interior and Local Government, under the steadfast and competent leadership of Secretary Mar Roxas, will never shirk its mission and responsibility, and will be in the forefront of this national collective endeavor.
Thank you, Madam/Mr. Speaker.