Latest news with #LocalGovernmentCode
GMA Network
2 hours ago
- Politics
- GMA Network
Ombudsman asks CA to quash TRO on Gwen Garcia suspension
Ombudsman Samuel Martires has asked the Court of Appeals (CA) to quash the temporary restraining order (TRO) on the preventive suspension his office has meted against outgoing Cebu Governor Gwen Garcia. In a motion filed May 30 but furnished to GMA Integrated News on Saturday, Martires told the CA that the preventive suspension has already been implemented on April 29. The CA issued the TRO on May 15. 'But this Honorable Court closed its eyes to this very basic doctrine that 'when the acts sought to be prevented by the injunction or prohibition have already been performed or completed prior to the filing of the injunction suit, nothing more can be enjoined or restrained… the court by mere issuance of the writ, can no longer stop or undo the act,' Martires said in the motion. On April 29, the Ombudsman suspended Garcia for six months without pay over alleged grave abuse of authority for illegally granting a special permit to a construction company. But Garcia continued to defy the order and obtained a TRO from the CA. The Ombudsman refuted the basis for the TRO saying 'the implementation of this preventive suspension order will impede public service strains credulity. To be sure, petitioner Garcia's suspension will not disrupt the delivery of public services to the people of Cebu.' Martires also said that the prohibition on imposing suspension on government officials during the election period does not apply to the Ombudsman. 'It is a power directly conferred by the Constitution upon the .. Ombudsman, and the exercise of such power is unqualified and not subject to the vagaries of Congress or opinion of government officials… the Local Government Code and the Omnibus Election Code cannot supersede the constitutionally entrenched powers of the Ombudsman' he said. Martires further added that allowing the TRO to remain in effect sets a dangerous precedent. '… it (allows) petitioner Garcia to sidestep the preventive suspension sends a troubling message: that legitimate grievances and complaints of graft and corruption, properly brought before the Ombudsman, can be nullified by a provisional remedy issued in contravention of established rules and jurisprudence… it (erodes) the Ombudsman's prosecutorial and investigative powers,' he said. GMA News Online contacted Garcia for comment but has yet to receive a reply as of posting time. —with a report from Jamil Santos/KG, GMA Integrated News
GMA Network
29-05-2025
- Politics
- GMA Network
Comelec division disqualifies Porac, Pampanga mayor
The Commission on Elections (Comelec) Second Division has disqualified reelectionist Porac, Pampanga Mayor Jaime 'Jing' Capil in the recent May midterm elections over an Ombudsman decision, dismissing him from service over alleged ties to illegal Philippine offshore gaming operator (POGO) activities. In an eight-page order, the poll body division granted a petition filed by mayoral bet Michael Legaspi Tapang, which sought to disqualify Capil from Eleksyon 2025. This came following a ruling of the anti-graft court in April, which found the re-electionist mayor guilty of gross neglect of duty and dismissed him from public service. The Comelec ruled that the Ombudsman's decision bars Capil from seeking any elective local position as stipulated under Section 40 (b) of the Local Government Code. It also declared the votes cast in favor of Capil as stray. 'To permit a candidate who is administratively disqualified to run for office would render the constitutional and statutory sanctions imposed by the Ombudsman inutile, effectively frustrating the ends of administrative discipline and making a mockery of the electoral process,' the Comelec decision read. 'The Comelec, as a constitutional commission, is duty-bound to protect the sanctity of elections and ensure that only qualified and eligible individuals are allowed to run for public office. Hence, this Commission must exercise its administrative authority to cancel the COC and disqualify any candidate suffering from the accessory penalty of perpetual disqualification imposed by the Office of the Ombudsman, even if the decision is pending appeal, unless judicially restrained,' it said. 'To do otherwise would be an abdication of its duty to uphold the rule of law and the integrity of the electoral process,' it added. Asked about the ruling, Capil said he would file an appeal. "We will file an MR (motion for reconsideration) to Comelec . The Omb (Ombudsman) case, which is the basis of the Comelec case, is not final so Comelec cannot DQ (disqualify) me on this basis. I am presumed innocent. My votes cannot be considered stray," Capil told GMA News Online. Capil has secured a third consecutive term as mayor in the 2025 May elections despite facing controversy over alleged links to Lucky South 99 — a POGO facility in Porac that drew national attention and triggered a broader government crackdown on illegal operations. He garnered a total of 39,939 votes, successfully fending off challengers former Vice Mayor Atty. Charlie Santos (3,744) and Michael 'Mike' Tapang (23,063). Running alongside the reelectionist mayor was his daughter, Jen Capil, who clinched the vice mayoralty with 39,342 votes as against the 25,926 votes of Vincent Lusung, the running mate of Tapang. Meanwhile, the Comelec Second Division has ordered the Porac Municipal Board of Canvassers to reconvene and make necessary corrections in the certificate of canvass of votes and proclamation; and to proclaim the candidate with the highest number of votes. According to the Comelec, voter turnout in Porac reached 84.97%, with over 80,000 registered voters participating in the electoral exercise. The town comprises 29 barangays— the largest municipality in Pampanga.—With Sherylin Untalan/LDF, GMA Integrated News
GMA Network
29-05-2025
- Automotive
- GMA Network
Tacloban under state of emergency amid San Juanico Bridge concerns
The Tacloban City Council declared Thursday a state of emergency as access to San Juanico Bridge, which links the islands of Samar and Leyte in Eastern Visayas, remains limited ahead of planned repairs on the structure. According to a statement by the city's information office, the declaration seeks to quickly mobilize resources while ensuring public safety. "With restricted access to San Juanico, the main gateway in and out of Tacloban, the city is facing serious concerns related to economic flow, emergency response, and supply chain delays," the statement read. It added, "This declaration allows the local government to act faster, allocate emergency funds, and coordinate with national agencies for support." In the same announcement, the Tacloban information office noted that Section 16 of the Local Government Code and other national disaster protocols provides for a state of emergency declaration "when public safety is at risk or when immediate action is needed to respond to a crisis or disruption of essential services." San Juanico Bridge, a major artery for the transport of goods, medical supplies, and essential travel, has experienced restricted access in recent days, raising concerns over economic disruptions and emergency response delays. The Office of Civil Defense (OCD) has said the cost of emergency repairs on the San Juanico Bridge could reach some P500 million. A recent assessment by the DPWH raised concerns about the bridge's structural integrity. As part of precautions, DPWH has temporarily prohibited vehicles weighing more than three tons from crossing the 2.16-kilometer bridge. Since May 18, pedestrians have been prohibited from crossing the bridge on foot. Instead, they should use coasters and light vehicles for their safety. The Samar Provincial Disaster Risk Reduction and Management Council earlier recommended to the Sangguniang Panlalawigan the declaration of a state of emergency in the province. Built in 1969 and completed in 1973, San Juanico Bridge is the the third longest bridge spanning a body of seawater in the Philippines. — Sherylin Untalan/ VDV, GMA Integrated News
Filipino Times
14-05-2025
- Politics
- Filipino Times
Rodrigo Duterte wins as mayor of Davao, but who will run the city while he is detained at The Hague?
The city of Davao is now in an unusual situation after former President Rodrigo Duterte was proclaimed the new mayor, despite being detained at The Hague. The unexpected outcome has left many questioning how the city will be governed while Duterte remains in custody. When asked about the situation, the Commission on Elections (Comelec) clarified that the Department of the Interior and Local Government (DILG) will determine who will take on the mayoral duties while Duterte remains detained. 'Ang DILG na po ang bahala doon, kasi as far as we are concerned, hanggang doon lang po kami sa… hanggang proclamation lang po kami, sa isang tao na nanalo,' Comelec Chair George Garcia told reporters in an ambush interview. Garcia said that detained candidates can still be proclaimed winners unless there is a court or Comelec order to suspend the proclamation, which they have not received in Duterte's case. After the proclamation, Comelec's jurisdiction ends, Garcia explained. Whether the winner takes office or not falls under the DILG, as outlined in the Local Government Code. He also emphasized that a candidate's physical presence during the proclamation is not required. Duterte secured a landslide victory with 659,557 votes—about eight times more than his closest rival and former Cabinet Secretary Karlo Nograles. Duterte was detained on March 11 after being arrested in the Philippines on a warrant issued by the International Criminal Court (ICC). He is facing charges of crimes against humanity related to extrajudicial killings for his war on drugs campaign during his term. Meanwhile, his son Baste Duterte, the current mayor of Davao City, also won the vice mayoralty seat with 648,344 votes.
Yahoo
18-04-2025
- Politics
- Yahoo
Appeals court overturns San Marcos' marijuana decriminalization ordinance
The Brief A Texas appellate court Thursday ruled that San Marcos' marijuana decriminalization ordinance was unenforceable and issued a temporary injunction. The ordinance passed in 2022 with nearly 82% of voters voting in favor of decriminalization. Attorney General Ken Paxton sued the city, saying the ordinance violated state laws. SAN MARCOS, Texas - A Texas appellate court ruled that a voter-passed ordinance that decriminalized small amounts of marijuana in San Marcos is unenforceable under state law. What we know The Fifteenth Court of Appeals issued the ruling Thursday saying the ordinance, which passed in 2022, was in violation of a state law that prohibits local governments from adopting policies that will not fully enforce state drug laws. The ordinance overwhelmingly passed in 2022 with nearly 82% of voters in favor of the measure. Proposition A decriminalized possession of up to four ounces marijuana and ended citations and arrests by San Marcos police unless it was part of a larger investigation involving violence or felony-level narcotics. The ordinance also ended citations for drug residue or paraphernalia, prohibited the use of city funds to test the level of THC, and stopped police from using the smell of marijuana as probable cause to search a vehicle or home. What they're saying "All of these Ordinance prohibitions are barriers to the full enforcement of Texas drug laws and thus conflict with Local Government Code Section 370.003," Judge April Farris said in the ruling. In a release, representatives from Mano Amiga Action and Ground Game Texas, two of the groups that spearheaded the ordinance, called the court's decision a "deeply troubling move for local democracy." "Texans have made their voices heard at the ballot box again and again: they don't want their money going towards unnecessary arrests," Catina Voellinger, Executive Director of Ground Game Texas, said. "This ruling is proof that the state isn't working to make communities safer—it's working to crush people-powered movements." The backstory In 2022, San Marcos was one of five cities in Texas that voted to decriminalize small amounts of marijuana. The other cities were Denton, Elgin, Killeen and Harker Heights. Attorney General Ken Paxton sued San Marcos, along with Austin, Killeen, Elgin and Denton in 2024 over the policies. A Hays County district judge dismissed Paxton's lawsuit saying the attorney general's office lacked jurisdiction and denied the state's request to prevent the ordinance from being enforced. Thursday's ruling from the appeals court allows a temporary injunction to go into effect and establishes that the attorney general has jurisdiction to file suit against the city and city officials. The Fifteenth Circuit Court of Appeals was created in 2023 to have jurisdiction over appeals involving disputes brought by or against the state and challenges to state stautes. Mano Amiga Executive Director Eric Martinez called the court's decision "judicial gerrymandering." "Let's be clear—this decision didn't come from a court grounded in community," Martinez said. "It came from a court manufactured by the same state officials bringing the lawsuit, with the express goal of silencing progressive policies that Texans are voting for at the local level." The Source Information in this article comes from court documents filed in the Fifteenth Circuit Appeals Court, a release from Mano Amiga Action and Ground Game Texas and previous FOX 7 reporting.
