BOPK councilors question Espina’s appointment

CEBU, Philippines — The appointment of Erik Miguel Espina as Cebu City councilor was questioned by the allies of the present administration.

Espina was appointed by President Rodrigo Rodrigo, replacing dismissed Councilor James Anthony Cuenco.

Espina, son of former Cebu governor and senator Rene Espina, attended his first regular session at the City Council yesterday.

But Espina's first day was marred by doubts and queries on the legality of his appointment.

"My concern is that, is the position of member James Cuenco permanent vacancy? Because if there's permanent vacancy, we should apply the rule on succession," City Councilor Sisinio Andales said before the council began tackling the session's main agenda.

While saying that he has no problems with Espina, Andales said the City Council should resolve the matter because Cuenco is waiting for his appeal to be granted by the Court of Appeals (CA).

Last year, Cuenco was dismissed by the Office of the Ombudsman after the anti-graft office found him guilty of serious dishonesty and grave misconduct over his involvement in the misuse of the P3.3-million Priority Development Assistance Fund allocation of his father, former Cebu City south district congressman Antonio Cuenco.

The dismissal from service has accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification to hold public office.

Vice Mayor Edgardo Labella, presiding officer of the council, said he believes that the decision of the anti-graft office was final and executory.

However, Labella said Cuenco is still waiting for the CA's decision on the latter's petition for review on certiorari.

Labella said there's a jurisprudence already that will support the assumption of office of Cuenco if the CA will decide on his favor.

"More important issue is that our legal system, there's a presumption of regularity in the performance of public functions or public offices.  The appointment of member Erik Miguel Espina went through the process," he said.

Labella said Duterte approved the appointment of Espina, who was endorsed by United Nationalist Alliance, the party of which Cuenco was affiliated with.

Also, Labella said Espina also took his oath of office before CA Executive Justice Gabriel Ingles last Monday.

"Having said that, it is not this institution which can pass judgment or adjudicate on whether or not member Erik Miguel Espina is qualified as such being a member. I think that matter should be brought to the court of law," Labella said.

The vice mayor said Andales can raise his queries before any court of law.

For his part, Mayor Tomas Osmeña said he will ask his legal counsels to look into the appointment of Espina whether it was valid or not.

"Of course we are threatened. There's no permanent vacancy. I will look into that," the mayor said.

Minority

Moreover, Andales was puzzled by the development.

"Who's the minority bloc now?" he asked, adding that opposition members belong to Barug Team Rama, PDP Laban, and UNA.

Labella, in response, said the minority group is a "multi-group" allied each other against the existing administration.

At present, both Bando Osmeña Pundok Kauswagan and Barug Team Rama-PDP Laban have nine members.

In cases of 9-9 vote deadlocks, Labella, a member of the opposition, will break the tie which will be in favor of his party.

With this development, Osmeña said he is no longer confident of getting the majority of the council.

The mayor said he received several reports about supporters of candidates for the Association of Barangay Councils president reportedly offering barangay captains at least P500,000.

"One councilor told me one barangay captain was offered P800,000. Another one P500,000. How can I be confident with something like that?" the mayor said.

Incumbent ABC President and Tisa barangay Captain Phillip Zafra (Barug Team Rama-PDP Laban), Kasambagan Barangay Captain Franklyn Ong (BOPK), and Mabolo Barangay Captain Niña Mabatid will reportedly run for ABC president.

The ABC presidency will change the political landscape in the City Council. The winner will have a seat in the council as ex-officio member.

The ABC elections are scheduled on July 30 this year. (FREEMAN)