Duterte appoints Abella to NLRC

CEBU, Philippines - President Rodrigo Duterte has appointed Cebu City Councilor Nendell Hanz Abella to the National Labor Relations Commission (NLRC) in the Department of Labor and Employment (DOLE).

Abella, a lawyer, will serve as commissioner representing the workers sector in NLRC’s Seventh Division. He is set to leave his post in the City Council next week.

“I can’t afford losing this opportunity kay lahi man ang commissioner sa NLRC. Ang imong rank is equivalent to Court of Appeals. Taas kaayo, akong retirement is age 65 so kailangan dawaton gyud kay sa sa Council nga every three years ma-end ang term,” he told The FREEMAN.

Duterte signed his appointment on August 23 but Abella said he will wait for formal communications from NLRC itself.

Quoting Presidential Management Staff Undersecretary Anderson Lo, Abella said the appointment order will be forwarded to the president’s executive secretary, then to DOLE, and subsequently to NLRC.

Abella said he applied for the permanent position in March this year, as he was made aware that it will be vacant on April 23.

“I used to work with NLRC 5th Division before in Cagayan de Oro. Mostly, I was handling labor cases, too,” he said.

He wanted to be back to the commission since then.

He said his colleagues in the council, particularly his allies in the Bando Osmeña Pundok Kauswagan (BOPK), are aware of his plans.

Mayor Tomas Osmeña admitted being sad with the development.

“They (opposition-allied councilors) will block our plans and projects. It’s how it will affect the city,” he told THE FREEMAN.

Abella was first elected as councilor in 2013. He said both BOPK and members of Barug Team Rama treated him well in the Council.

Abella’s colleagues in the council, however, are glad of his appointment.

“I’m happy for Hanz because this appointment has always been his dream post. As for the new configuration in the City Council, this is something that our party will need to talk about real soon,” said Councilor James Anthony Cuenco.

Councilor Raymond Alvin Garcia and Councilor Jose Daluz III also congratulated Abella, saying the NLRC post is a “dream job” for all lawyers.

Replacement

Joy Calvo, director of the Department of the Interior Local Government (DILG) in Cebu City, said Abella should tender his resignation to Vice Mayor Edgardo Labella.

The city government should also clear Abella before the latter can leave.

DILG-7 Director Rene Burdeous said the Office of the President will be the one to appoint Abella’s replacement upon recommendation Barug Team Rama, Abella’s party on record when he ran for election.

Cuenco, Team Rama’s former majority floor leader, said the party will meet to decide on Abella’s replacement.

Cuenco cited Section 45 of the Local Government Code, which states that the political party under which the council member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy shall be appointed.

The section states further that “the appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefore.”

To recall, Barug Team Rama dominated the Council after the May 2016 elections with 11 against BOPK’s six councilors.

Last month, the table turned when three of Barug Team Rama members transferred allegiance.

With the absence of Abella, BOPK now has Andales, Margarita Osmeña, Mary Ann de los Santos, Joy Augustus Young, Alvin Arcilla, David Tumulak, Nendell Hanz Abella, and Eugenio Gabuya, Jr.

Meanwhile, Team Rama has Cuenco, Garcia, Jose Daluz III, Eduardo Rama, Pastor Alcover, Jr., Joel Garganera, Jocelyn Pesquera and Phillip Zafra. (FREEMAN)