City execs may face charges
VICE MAYOR Edison Bilog warns legal charges await the city if the carnival at Melvin Jones ensues.
“The city might be charged for directly disregarding the Environment Code and the Presidential Order for the turnover of Burnham Park to the city,” Bilog said.
“The city officials approving it may be charged for anti-graft and corrupt practices for favoring the organizer of the carnival despite of the ordinance and the order. I am totally against the establishment of the carnival. Let us protect Melvin Jones and the environment.”
Bilog said he deliberately stepped out of the session hall in last
week’s council session as a sign of protest during the voting for the approval of the carnival.
“I don’t want to get involved with the carnival and I don’t want to affix my signature on the resolution approving the same, I could not in my conscience affix my signature on a resolution which I believe is illegal,” Bilog laments.
Legal sources also said a case of graft with violations of RA 3017 and violations of RA 6713 (Code of Conduct of government t officials) for both criminal and administrative can be filed against the city and local officials if the carnival ensues.
Only Councilor Edgar Avila abstained from voting after reminding the Council that parks are beyond the commerce of man as well as the injunction issued by Regional Trial Court 5 on the use of the Melvin Jones grounds.
Belzasar Ola, president of Linked – in Corporation requested to operate carnival rides, bingo games, fun booths and food stalls starting March 5 haggling for space at the Bunrham Park and being granted a portion of Melvin Jones.
Ola is an operator of carnivals as well as event organizer in Luzon and said it is the first time to do an activity in the city.
Mayor Maurico Domogan in a statement said he is for carnival rides and family oriented games only and review plans for the carnival is in order to see what the proponent has to offer.
In 2016, a case was filed by businesswoman, Elena Lao, with Regional Trial Court Branch 5 Presiding Judge Maria Ligaya V. Itliong-Rivera granting her an injunction after posting a two million bond.
Lao sued the city for approving the conduct of Christmas Bazaar by the Hotel and Restaurant Association of Baguio in partnership with the city government of Baguio to raise funds for Baguio’s hosting the Miss Universe event in 2017.
In her petition, Lao said the fund raising activity at Melvin Jones is “a blatant disregard not only of the clear provisions of Ordinance 13, s. 2012 but of the basic rule that parks are beyond the commerce of man.”
She argued it will also deprive residents of the city and tourists of the most accessible and affordable amusement facility and that it will cause irreparable injury if not enjoined.
Legal sources say Lao can cite the mayor and councilors for indirect contempt because it violates the essence of the preliminary injunction.
Penalty is six months in prison or P30,000 fine or both at the discretion of the court.