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ADMINISTRATIVE ORDER NO. 133 -
IMPOSING THE PENALTY OF SUSPENSION FROM OFFICE FOR SIX (6) MONTHS
WITHOUT PAY ON NAGA CITY SANGGUNIANG PANLUNGSOD MEMBER FIEL L. ROSALES
FOR ABUSE OF AUTHORITY AND OPPRESSION
The case arose from the sworn-complaint of
Mr. Orlando N. Olavere against Kagawad Fiel L. Rosales of the
Sangguniang Panlungsod of Naga City, concerning the alleged harassment,
oppression and abuse of authority of the herein respondent, when the
latter ordered the stoppage of the construction of a five (5)-door
apartment situated at Lomeda Subdivision, San Felipe, Naga City, and
ordered the arrest and detention of the complainant.
In his answer, respondent avers, inter alia, that he cannot be held
liable for harassment or oppression when he ordered the stoppage of the
construction considering that he is merely implementing the Local
Building Code of Naga City. He claims that it is the City Mayor of Naga
and not the City Engineer who has the authority to issue a building
permit. Respondent likewise contends that the alleged permit held by
the complainant is not valid since it was not issued by the City Mayor
of Naga. Finally, respondent posits the view that there is nothing
irregular when he asked the complainant to stop the construction, the
same being illegal.
In compliance with Administrative Order No. 23, as amended, the DILG
set this case for preliminary conference and formal investigation at
the Office of the DILG City Director of Naga City. During the
proceedings, the parties agreed to submit the case for resolution on
the basis of their position papers.
In determining whether or not respondent is guilty of the charges
leveled against him, the following issue has to be resolved: Whether
the conduct of the respondent in ordering the stoppage of the
construction of the said apartment and the arrest and detention of the
complainant in the police detachment constitute oppression and abuse of
authority.
"Oppression"
has been defined as an "act of cruelty, severity, unlawful exaction,
domination and excessive use of authority." (Ochate v. Deling, 105
Phil. 384)
"Abuse" means "to make excessive
or improper use of a thing or to employ it in a manner contrary to the
natural or legal rules for its use. To make an extravagant or excessive
use, as to abuse ones authority." [Black's Law Dictionary (5th Ed.)].
It includes misuse (City of Battimore v. Cornellville & S.P.P. Ry.
Co., G.. 190).
Now does the above narration of facts show the commission by respondent of the administrative offenses complained of?
Respondent's answer and position paper try to justify his acts by claiming that he is merely implementing the Local Building Code of Naga City (City Ordinance No. 97-081). I find this contention devoid of merit. Sec. 7, Title II of the said Ordinance, states:
"The
administration and enforcement of the provisions of this Code including
the imposition of penalties for administrative violations thereof is
hereby vested in Building Official of the City of Naga."
Taking into account the foregoing provision, respondent, not being the public officer mentioned to enforce the Local Building Code, has no basis to implement said building ordinance. As he did, respondent demonstrated his abusive manner.
We come now to the arrest and detention of the complainant. Again, respondent justifies the same by invoking City Ordinance No. 93-088, specifically Sec. 1 thereof. Said section authorizes any member of the Philippine National Police stationed in Naga City and the twenty seven (27) Punong Barangays thereat to apprehend at site and detain for six (6) hours in the city jail any person caught in the act of supervising and and/or performing construction works of any type of structure on both public and private properties without an approved building permit. Nowhere in the mentioned provision of the Ordinance is respondent clothed with authority to order the arrest and detention of any person, in this case, the complainant.
Respondent's defense that there is nothing irregular when he ordered the arrest and detention of the complainant since the latter's construction is illegal, is untenable. As a public officer, respondent has a sacred duty to observe the rule of law. The foregoing factual setting shows a wanton disregard of the rule of law on the part of the respondent which is tantamount to abuse of authority and oppression.
WHEREFORE, as recommended by DILG as Investigating Authority, Naga City sangguniang panlungsod member Fiel L. Rosales is hereby suspended from office for six (6) months without pay for abuse of authority and oppression immediately upon receipt hereof.
The DILG is hereby directed to execute and implement this Order with dispatch.
DONE in the City of Manila, this 19th day of July, in the year of our Lord, two thousand.
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Since 19.07.98.