Seven members of the city council petitioned a local court to restrain the implementation of the reorganizations of the standing committees for the failure of the body to generate the required majority vote.
However, the court denied the issuance of the prayed issuance of a 72-hour temporary restraining order but proceeded to hear the merits of the case for the possible issuance of the writ of preliminary injunction against the decision of Vice Mayor Faustino A. Olowan to implement the desired reorganization despite the failure of the members to get the majority vote.
The complaint was filed by Councilors Benny O. Bomogao, Betty Lourdes F. Tabanda, Leandro B. Yangot Jr., Elmer O. Datuin, Maria Mylen Victoria G. Yaranon, Vladimir D. Cayabas, and Rocky M. Aliping. This is based on the grounds that the motion for reorganization of the standing committees was disposed of and lost during the January 29, 2024, session of the Sangguniang Panlungsod.
During the regular session of the Sangguniang Panglungsod on February 5, 2024, Councilor Jose M. Molintas took on the role of presiding officer. They made a motion for the presiding officer to, motu proprio, withdraw or recall his previous ruling disposing of the matter as lost. This action was in response to his argument that the required majority should have been eight (8) and not nine (9) for the Reorganization of the Sangguniang Panlungsod Standing Committees, which was listed as item 8 under Deferred Matters on the agenda.
Following Councilor Molintas’s intervention, Vice Mayor Olowan acknowledged that an error was made in his previous ruling on January 29, 2024. Consequently, the proposal for reorganization received the necessary majority, passing by a vote of 8 to 7.
Councilor Betty Lourdes F. Tabanda expressed apprehension to Vice Mayor Olowan about the potential consequences of his choice to replace his ruling on previous actions of the Sangguniang Panglungsod. She emphasized the consistent use of the formula in the internal rules of procedure (IRP). However, the presiding officer dismissed the relevance of previous actions and rulings, asserting that they were separate from the reorganization matter currently on the agenda.
The transcript of the proceedings has revealed allegations of Vice Mayor Olowan displaying manifest partiality and bias in favor of the reorganization of the standing committees. It is claimed that as a result, he withdrew his earlier ruling that declared the motion as lost, instead changing it to carry, and reportedly did so without adhering to the procedures under the Internal Procedural Rules (IRP) and without considering the objections of the councilors. These claims are expected to be closely examined in the ongoing deliberations.
This legal action is a momentous event, representing the first instance that such a petition has been submitted in the history of the Sangguniang Panlungsod ng Baguio and the entire Cordillera Region. By Joy Anne M. Palaoag
