The legal counsel of Bacolod Councilor Caesar Distrito is asking the Vice Mayor/Disciplining Authority to deny the Motion to Resolve Affirmative Defense filed by the counsel of Sangguniang Secretary Nilo Alejandrino, for lack of merit.

In that motion, Alejandrino’s counsel insisted on the alleged lack of authority of Vice Mayor Jude Thaddeus Sayson, arguing that it does not necessarily follow that the appointing authority is also the disciplining authority.

Alejandrino’s counsel also said that the Vice Mayor has no disciplinary jurisdiction over their client, when, in fact,Alejandrino, in his Motion to Inhibit dated October 28, 2011, had stated that “The Honorable Vice Mayor as head of the SP has original concurrent jurisdiction with the Civil Service Commission over their respective officers and employees.”

Distrito had filed administrative cases for grave misconduct, conduct unbecoming of a public official, unprofessional conduct, insubordination and grave abuse of authority against Alejandrino before the Office of the Vice Mayor late last year.

The case was an offshoot of an incident on October 24, 2011 at the SP Office when Distrito complained that Alejandrino altered the notices of hearing of the Committee on Laws, which he chaired, by placing the word 'casual employee' in the space provided for the name of City Legal Officer Joselito Bayatan.

In their comment, the counsel of Distrito said the motion is just a circumvention of what is being prohibited by the Uniform Rules in Administrative Cases in Civil Service, like dilatory moves such as motion to dismiss.

They said Sec. 456 of the New Local Government Code of 1991 (RA 7160) and Article 90 of its Implementing Rules and Regulations states that jurisdiction or appointment of legislative officials and employees is vested in the Vice Mayor.

Distrito’s counsel said it is very clear, based on R.A. 7160 that the City Mayor’s power of appointment does not in any way include officials and employees of the SP, as their appointments, as provided under Section 456 of the New Local Government Code belong to the City Vice Mayor.

They also said that, under Section 3 of the New Local Government Code of 1991, the power to discipline, which includes the power to suspend, preventively and remove such employee, is clearly vested in the Office of the Vice Mayor.

Distrito’s counsel said Alejandrino’s motion runs counter to what he had manifested in a case he filed before the Office of the Vice-Mayor entitled Nilo Alejandrino versus Conchita Castillo docketed as VMO 011-001.

Alejandrino is represented by lawyers Edgardo Tuclaud and Lorenzo Alminaza, while Distrito is represented by Ronnie Causapin and Woodro Guanzon.*CGS

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