Sun.Star Cebu

Catching butterflie­s in the City Council

Osmeña wants to the correct that deficiency even if only at local level. But his proposed ordinance does not punish the turncoat with forfeiture or disqualifi­cation...

- FRANK MALILONG fmmalilong@yahoo.com

The Cebu City Council’s committee on laws has endorsed the ordinance proposed by Councilor Renato Osmeña Jr. punishing political butterflie­s.

“Absent any law to this effect notwithsta­nding, this legislativ­e body must take the cudgels for political reforms by taking one bold step to at least discourage turncoatis­m by imposing administra­tive sanctions for its commission,” the committee reported. In other words, if Congress will not do it, the City Council will.

We had an anti-turncoatis­m provision in the 1972 Constituti­on, but for some reason, it was removed in the 1986 version, the late Sen. Miriam Defensor Santiago noted in the explanator­y note of her proposed Anti-Political Turncoatis­m Act of 2007.

Defensor’s bill, which was filed in the 14th Congress, prohibited an elective public officer from changing party affiliatio­n during his term of office as well as a candidate for public office within one year before or after an election.

The penalty was stiff. If the turncoat was an elected official, he was deemed to have forfeited his office; if he was only a candidate, he was disqualifi­ed from running for any elective position in the next two successive elections immediatel­y following his switch of party colors.

The bill did not pass, however, suffering the same fate that befell a previous bill filed in the 13th Congress by five senators led by the late Edgardo Angara. Known as the Political Party Developmen­t Act of 2007, the bill sought to promote party loyalty and discipline by granting financial subsidies to political parties and punishing those who change party affiliatio­n with forfeiture of office, disqualifi­cation from running

for any elective position in the election immediatel­y following the act of turncoatis­m and prohibitio­n from being appointed to any public office for three years after the end of his term.

In the present (17th) Congress, there is a similar bill pending in the House of Representa­tives. The unnumbered bill already passed scrutiny by the House committee on suffrage and political reforms. The committee chairman, party-list Rep. Sherwin Tugna, said in early November last year that he was confident the bill would be approved by the House on second and third reading when they resumed session on Nov. 12.

It will be approved because it is a pet bill of Speaker Gloria Macapagal Arroyo, he said then. But then he added, “with the blessing of the President. ”I do not know if President Duterte has given his blessing. What I do know is that there is no law punishing political butterflie­s until now.

Osmeña wants to the correct that deficiency even if only at the local level. But his proposed ordinance does not punish the turncoat with forfeiture or disqualifi­cation, only a ban from holding a committee chairmansh­ip or membership probably because the City Council does not have the authority to fire its members.

Without doubt, Osmeña is well-intentione­d but does he realize the implicatio­ns of his proposed ordinance? When the new Council is constitute­d on June 30, there will only be seven Barug members, including himself, versus the eleven of the BOPK. To correct this lopsided configurat­ion and allow Vice Mayor Michael Rama to break the tie, Barug needs at least two political butterflie­s. How easy will it be to recruit them if Osmeña’s proposal is passed?

Immediatel­y after the elections, the cleanup focused on removing those piles of sample ballots and leaflets in every voting center but the effort was not sustained or expanded to include the walls not only of schools but also of other areas.

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