The need to review the system

For a functionary doing an official act that is quite Greek or not germane to the legal function, but only specially conferred on the office, it may beggar any adulation. It goes with the added function, say, like a policeman hand-cuffing a jaywalker as not par for the course, neither really heroic nor highly irregular.

Until lately in Mandaue City, despite the bevy of consultants and advisers, with many lawyers and other professionals, quarter-backing the department heads and assistants, public governance may appear like a flea-bitten dog trying to catch its tail in circles to contain the itch.

Thus, when a young lawyer just recently came into the picture as the new City Legal Officer, he did his assignments so far well without fanfare with positive results that many perked up and took notice. But yet, a legal position saddled with anti-squatting duties seems like a doctor with an adjunct task to maintain the motor pool.

It’s quite inexplicable that starting some two administrations ago, the Mandaue City Legal Officer or City Attorney, has been assigned such “unlawyerly” function as squatters demolition czar. And it continues to be so, as if, denigrating the 4-year curricular grind after a 4-year pre-law course, and capped by the tough low-percentage passing of the Bar exams.

Anyway, under the present administration of Mayor Jonas C. Cortes, the legal department is saddled with many issues to attend to. For sampler, wanting is the filing of court suits against the previous builder of the city abattoir who later ran it under lease – but behind in rent payments – and also accountable for multi-millions worth of missing abattoir machinery and equipment. But yet, only one lawyer, Atty. Eliseo Ceniza, had attended to legal duties, not only for court litigations, but also the reams of paperwork, despite urgings by the council of elders.

Apparently this early, Atty. Giovanni Tianero as new legal officer could be on the right track, but only with regard to “unlawyerly” functions against squatting, so far. A lot of problems as regards legal matters, such as, enforcement of the City’s easement on drainage as typified by the problem at the LTO vicinity, violations of the 3-meter easement along urban waterways and roads almost everywhere, and/or the 20-meter easement in rural areas as in the Tingub side of Butuanon river, to cite a couple of problems.

In fact, the discussions of the council of elders more often than not, involve legal matters or issues within the ambit of the City Attorney’s functions. Ready recall of subjects discussed by the council of elders often necessitated legal intervention, but ended up hanging nowhere.

Not many know that there are more than 20 infrastructure projects of the past year that had already been bid out that obviously cry for legal intervention. Apparently, most of them are not moving for lack of the necessary order to commence work that contractors have long waited, except perhaps for those who might have worked on the project at their own risks. It appears that before the awaited order could be issued, a lot of steps in paperwork and time-consuming paper trail from one office to another bogs down the project completion. And worse, it also appears that payment after project completion may take a year or so in certain cases.

It is opined that preparation of contracts alone could stymie accomplishments. Perhaps, with three lawyers now, including the legal consultant, Atty. Omar Redula, there’s an improvement in the offing. In recap, even ordinary observers have noted some instances of figurative pegs not fitting into official round holes that result in lesser efficiency and effectiveness in public governance. Perhaps, a faithful review of the system, or lack of it, or may be maintaining personnel discipline for a start, like, sincere observance of the 8:00 A.M. to 12:00 noon, and 1:00 P.M. to 5:00 P.M. routine, isn’t too much to ask for.

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