BACOLOD City – The City Government here will begin penalizing violators of the waste segregation policy middle of October 2017.
As of Sept 29, Vice Mayor El Cid Familiaran, chairman of Solid Waste Action Team, said all the 61 villages have been reached by the information and education campaign after the “no segregation, no collection” rule took effect on September 1. Barangay officials were also provided the schedules of garbage collection, he added. Contracted garbage hauler IPM-Construction Development Corp. (IPM-CDC) collects biodegradable waste every Monday, Wednesday, Friday, and Sunday, and non-biodegradable waste every Tuesday, Thursday, and Saturday. “We will not issue a warning anymore,” Familiaran said, adding that unsegregated waste will not be collected. Fines range from P500 to P1,000. “We need the cooperation of everybody for the implementation of Republic Act 9003 (Ecological Solid Waste Management Act of 2000),” he added. “The role of barangay officials is very important. Hopefully, we can educate our residents on how to segregate waste at source,” the vice mayor said. The “Ecological Solid Waste Management Act of 2000,” provides that local government units shall be primarily responsible for the implementation and enforcement of the provisions of this law within their respective jurisdictions. The law seeks the adoption of a systematic, comprehensive and ecological solid waste management program that targets solid waste avoidance and volume reduction through source reduction and waste minimization measures while giving primordial consideration to and ensuring the protection of the public health and environment. It also mandates to ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration. (PNA)
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A resolution convening the Bacolod Sangguniang Panlungsod as a whole, together with the city mayor, 61 barangay captains, the police and other government agencies, to address the spate of hold-ups, robbery and theft cases in Bacolod City, was approved by the SP Tuesday.
Bacolod Councilor Em Ang, who proposed the resolution during the regular session Tuesday, said that in the last few weeks there were daily reports of hold-ups and robberies all over the city that has also gone viral in social media. A few days ago a Davao City psychology professor and his friend were robbed at gun point just outside a restaurant in Barangay Villamonte, she said . Councilor Caesar Distrito said Ang authored the resolution upon the advice of Bacolod Vice Mayor El Cid Familiaran because they believe it is high time that the City Council should assume the function of a single committee and convert itself as a committee of the whole. They will then call a committee meeting hearing of the committee of the whole and inviteacting Bacolod Police director Senior Supt. Jack Wankyand the 10 Police Station commanders to draft a proposal on how they could stop the spate of hold-up cases, snatchings, and akyatbahay cases, because they believe this requires the cooperation of all agencies, he said. Distrito said Bacolod Rep. Greg Gasataya suggested that they also invite the police regional director, Criminal Investigation and Detection Group, Theft and Robbery Section head and Intelligence head, National Bureau of Investigation head, and 61 barangay captains to the committee hearing. He said the conversion of the SP into a committee of the whole is a symbolic gesture to show that solution to the problem of peace and order is not the responsibility of the government alone, but that of entire population. “I believe this is the first time that the SP was converted into a committee of the whole to tackle a very important issue that concerns the peace and order of the city,” Distrito said. The responsibility lies not only on the shoulders of one or two officials but of the entire population, he said. Familiaran said he will preside over the meetings of the committee in order to resolve the series of snatching, robbery, etc, in aid of legislation. They will hold their first meeting on Wednesday. They will also invite the Department of Interior and Local Government to the meeting, he said. POLICE STATISTICS During the recent City Peace and Order Council meeting, the statistics of the police showed a reduction in the volume of crimes against persons and property compared to previous years, Familiaran said. “However, people have become alarmed because the incidents were posted on social media and they appear dissatisfied with our performance so this has to be addressed, he said. Familiaran said that among the suggestions raised during the CPOC meeting were for the victims to report crime incidents to the police and to file cases against the perpetrators once they are apprehended. The public should not also give criminals an opportunity to commit crimes. DRUG SCARCITY They also believe that because of the scarcity in illegal drugs in Bacolod and because of Operation Tokhang, thousands of pushers have shifted their livelihood from drugs to snatching, which has lower penalties, he said. Meanwhile, Wanky welcomed the creation of the committee although he said that the focus is more on the actions of the law enforcement agencies. He said the city should also focus on the root causes of the problem like poverty alleviation. If the people have livelihood, they would not commit crimes. Wanky said they should also review cases of repeat offenders who are minors. The problem persists because the barangays do not have good intervention programs for them. They should do their part so these minor offenders do not commit crimes again, he said. Wanky said also assured the public that the maximum strength of the police is on the streets. They have deployed many of their personnel on the streets to ensure the maintenance of peace and order. POLICE ON TOP He said the crimes in Bacolod are manageable and the police is on top of the situation. In fact, their records show that there has been an improvement in terms of crime incidents, Wanky said. Those who are claiming that Bacolod is not safe should go to Marawi to make a clear comparison, he said, adding that the post on social media that Bacolod is not safe, is an unfair statement. On the other hand, Wanky said, they will implement a gun ban during the MassKara Festival and conduct inspections in all festival sites. He said they have about 670 policemen and will request for augmentation from the Police Regional Office 6 for an additional 600 for the MassKara Festival, on top of the force multipliers.*CGS BY CHRYSEE G. SAMILLANO The Bacolod City government is providing assistance to families affected by the floods that hit Friday, Bacolod Mayor Evelio Leonardia said yesterday.
Cash assistance will be provided to those whose houses were destroyed and damaged, while initial food aid was given to the evacuees, he said. The mayor said an initial report shows that 41 houses were destroyed and 40 were damaged in Bacolod City. Families affected by the floods were 575 or 2,300 individuals, he added. No reports of missing or injured persons during the floods Friday have been received, contrary to a post on social media, Executive assistant Jose Marie Vargas, cluster head of the Disaster Risk Reduction Management Office, said yesterday. Vargas saidthat, based on the records of the Bacolod City Disaster Risk Reduction Management Office as of Saturday, the barangays affected by the floods were Alijis, 27, 28, Singcang, 35, 40, 41, Mandalagan, Taculing, Pahanocoy, 39, Mansilingan and Bata. Vargas said floods rose to about four feet in Villa Mercedes inBrgy. Singcang, and about four to five feet in front of Gaisano City. It subsided about 2 a.m. Saturday in Brgy. Singcang, and about midnight in other areas. He said the Department of Social Welfare and Development has ongoing verification of the total families and houses affected by the floods Bacolod Councilor Caesar Distrito said that in Brgy. Singcang, as of yesterday, about 30 houses were destroyed and 152 were damaged by the floods. He said validation and relief operations are still ongoing in Brgy. Singcang. Vargas said the affected families spent their weekend cleaning up their homes and surroundings after the floods. He said heavy rainfall had caused the flashflood Friday and the barangays most affected were those along the Mandalagan, Lupit andMasungay rivers. Vargas said they thank IPM-Construction and Development Corporation for providing their dumptrucks to help the city in assisting those who were stranded. They also used floating devices and ropes to help rescue people in areas where their vehicles could not penetrate. He said they plan to coordinate with the local governments of Murcia and Talisay, the source of the flood,to put up a warning system so they could immediately inform barangay officials in Bacolod to evacuate their people in case offloods. They will also involve their DRRMO. Leonardia, Bacolod Rep. Greg Gasataya, and Vice Mayor El Cid Familiaran led the distribution of relief goods to hundreds of families affected by floods Friday night. Councilor Bartolome Orola Jr. joined the three officials and the Department of Social Services and Development in giving assistance to families in Barangays 39, 40, 41, and Singcang-Airport Saturday. Councilors Cindy Rojas, Caesar Distrito, and Em Ang also delivered their assistance to several barangays, and sent their staff to accompany the mayor, vice mayor and congressman in the affected barangays. In Brgy. 39, a total of 104 families were given relief goods, Brgy. 40 - 84 families, Brgy. 41 - 37 families, and Brgy.Singcang-Airport - 37 families. Barangay captains Dante Danoy of Brgy. 39, Leonilo Colegado of Brgy.41, Rosinie Distrito of Singcang-Airport, and Kagawad Elon Sugon of Brgy. 40 facilitated the distribution. ON TOP OF SITUATION At the height of flooding Friday night, Leonardia said he was monitoring the situation from the Bacolod City Government Center, where, upon consultation with city and Diasater Risk Reduction and Management officials, he ordered "forced evacuation" in high risk areas, and for quick emergency response in flooded ones. He also inspected the City DRRMO Command Center at the Bacolod City Hall to check its operations and further monitor the situation around Bacolod City. After an ocular inspection of affected areas, he likewise met with evacuees in Brgy. Singcang-Airport.*CGS BY CHRYSEE SAMILLANO BACOLOD CITY Mayor Leonardia (3rd from left) and Vice Mayor El Cid Familiaran (left) together with MassKara Festival Director Eli Francis Tajanlangit (2nd from left) and MassKara Festival Creative Team lead the launching of the MassKara 2017 Music and Logo and press conference at the lobby of the Bacolod Government Center morning of Sept 25, 2017. The MassKara Festival 2017 will happen on October 1-22. (Mark Chavez)
THE Bacolod City Risk Reduction and Management Office (CDRRMO) is set to purchase a sewer jet for the clearing of all drainages in the city.
Executive assistant Jose Maria Vargas, cluster head for CDRRMO, said Friday, September 22, he was informed by Vice Mayor El Cid Familiaran that the P21-million fund was approved by the City Council last week. He said the City Council had earlier junked their request because some councilors questioned the proposed budget. "We asked them to reconsider our request to address the flood problem in various areas," Vargas added. The CDRRMO has only one sewer jet that has malfunctioned. Vargas said they will process the documents to finalize the acquisition of the sewer jet. "We are happy to have a new sewer jet because we are using the old one for almost five years already," he said. he CDRRMO received a Gawad Kalasag award from the Office of Civil Defense-Negros Island Region in rites at the Nature's Village Resort in Talisay City Monday. Vargas said Bacolod topped in disaster management in the regional level. They received a trophy and P50,000 cash. "We received the award because of our exemplary disaster management," he said. He added they will ask the approval of Mayor Evelio Leonardia to use the P50,000 for the uniforms of CDRRMO personnel assigned to man the new ambulance units. By MERLINDA A. PEDROSA CA GIN-REVERSE ANG DESISYON SANG OMBUDSMAN NGA NAGA-DISMISS SA ALKALDE KAG WALO KA IBAN PA9/13/2017 Gin-reverse sang Court of Appeals-Cebu ang desisyon nga gin papanaug sang Ombudsman nga dismissal batuk kay Bacolod City Mayor Evelio Leonardia kag walo pa ka iban angut sa kaso administratibo nga nag ugat sa gin alegar ma anomaliya nga pag bakal sang 49 milyones pesos nga fixture and furniture para sa Bacolod City Government Center tuig 2008.
Ang desisyon sang CA-CEBU ang angut sa duha ka petition for review nga gin-file sang kampo ni leonardia kag mga akusado. Ang 16 ka pahina nga desisyon ang pirmado ni Associate Justice Germano Francisco Legaspi, Associate Justice Marilyn Lagura-Yap kag Executive Justice Gabriel Ingles sang 18th division sang CA-Cebu napetsahan Setyembre 7, 2017. Gin paboran sang CA-Cebu ang merito sang kaso kag ebidensya nga gin presentar sang mga akusado rason nga 'not guilty' ang Alkalde, Goldwyn Nifras, Luzviminda Treyes, Nelson Sedillo, Jaries Ebenizer Encabo kag Aladino Agbones. Samtang, duha naman sa walo ka mga opisyal nga gin kilala nga sanday Melvin Recabar kag Eduardo Ravena ang gin pamatbatan nga ‘guilty’ apang gin panubo ang ila sentensya halin sa Grave Misconduct and Gross Neglect of Duty pakadto sa Simple Misconduct nga may penalidad nga tatlo ka bulan nga suspension. The 18 th Division of the Court of Appeals in Cebu City reversed the decision ofthe Office of the Ombudsman dismissing Bacolod Mayor Evelio Leonardia and six others for the procurement of P50 million furniture and fixtures in 2008, after exonerating them of the administrative case of grave misconduct and gross neglect of duty.
Leonardia said it is clear that with or without the Aguinaldo Doctrine, he was exonerated on the merits of the case. He said this case does not involve dishonesty. This is just matter of technicalities and procedures. There was no overprice, no under-delivery because all goods were all accounted for, there was no conspiracy, and there was no bad faith, he added. Leonardia emphasized that the Court of Appeals in its decision promulgated on Sept. 6, and signed by Associate Justices Germano Francisco Legaspi and Marilyn Lagura-Yap, and Executive Justice Gabriel Ingles,declared, among other things, that “Evidently, there is no showing that the acts, which purportedly transgressed the IRR of R.A. No. 9184, were tainted with corruption or that petitioners benefitted from them. “In fact, it was never claimed that the prices of the procured items were unreasonable. It is also undisputed that all the items subject of the purchase orderwere delivered. Besides, it was not proven by substantial evidence that petitioners' alleged violation of the law was with willful intent. Thus, petitioners cannot be held liable for grave misconduct or gross neglect of duty,” the decision added. Earlier, the Ombudsman had also ordered the filing of criminal charges of violation of Section 3 (e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act against Leonardia, former Bids and Awards chairman Goldwyn Nifras. former Budget Officer Luzviminda Treyes, the late City Legal Officer Allan Zamora, BAC member Nelson Sedillo Sr., and former members of the Technical Working Group namely, Gliceria Caduhada, Eduardo Ravena, Jaries Encabo, Belly Aguillon and Aladino Agbones, BAC Secretariat head Melvin Recabar and former City Treasurer Annabelle Badajos. ALSO CLEARED Nifras, Treyes, Sedillo, Aguillon, Agbones and Encabo were also fully cleared by the Court of Appeals of the same charges of grave misconduct and gross neglect of duty, and the previous penalty of the dismissal meted them by the Ombudsman was also completely reversed by the CA. However, Recabar and Ravena were found guilty of simple misconduct only, and not of grave misconduct and gross neglect of duty. As such, their penalty was amended from dismissal to suspension for three months without pay. After serving the three-month suspension, they will also be reinstated back to their positions and entitled to back wages and other benefits commencing from the time they have served the 3-month suspension up to the time of their actual re-instatement. “BLESSING IN DISGUISE” Leonardia said that overall this was a blessing in disguise because he now knows who his friends are.It's is also clear that there are people who cannot win elections and will resort to this. So many political developments happened because of this case. And because so many speculations were peddled in the grassroots,some people entertained the idea that he will no longer be able to run in the next elections, he said. But because they won in this critical stage of the case which involved their dismissal, Leonardia said “One thing for sure is that Bing Leonardia will be available in 2019.” VICTORY OR VIRTUE City Legal Officer JoselitoBayatan said the decision emphasized that the condonation/Aguinaldo Doctrine was still applicable in his defense, notwithstanding the fact that the merits of the case alone were already sufficient to exonerate Leonardia. This is a victory of virtue, he said. Bayatan said the criminal case is with the Ombudsman. But with the finding of facts of the CA where there was no grave misconduct and gross neglect of duty, they can somehow use this in the criminal complaint. This will help us a lot in the criminal proceedings, he said. Bayatan said they will use the Civil Service Commission rules as reference in the reinstatement of the respondents. They will also ask for a certificate of finality from the CA to determine when the decision became final. Councilor Caesar Distrito said what the mayor's political detractors have done is not only an attack on the administration ofLeonardia but also an attack on the operation of the city. Distrito said they have always believed from the start that the decision will be favorable because they are on the side of the truth and on what is right, what is legal and justified. This is the justice that the Mayor and eight other officials deserve. Councilor Renecito Novero said this is also a victory for the City of Bacolod. This is a verification of the authentic relationship both on the personal and political level, so the mayor discovered who his friends really are. Councilor Dindo Ramos said he, together with the legal team of the mayor knows that the Ombudsman had findings that there was no bad faith, no injury, and no damage on the part of the government. So they believe that the case will not prosper and the mayor will come out victorious. UNSEEN HANDS Leonardia thanked Bacolod Rep. Greg Gasataya, who was represented by his wife Meita, for their moral support, and Vice Mayor El Cid Familiaran, who has proven to be a statesman and a friend, and the GrupoProgreso councilors present, including their supporters. They are still wondering, however, why this case,that had earlier been “closed and terminated,” was resurrected. So they are entertaining the possibility of unseen hands not only in this case and in the other cases filed against them, Leonardia said. The matter of damages is something that their lawyers will continue to study, he added.*CGS Although the lower house has approved the postponement of barangay and SK elections to May 2018, but the Commission on Elections (COMELEC) is preparing the necessary materials for the October 2017 original schedule of SK and Barangay elections.
According to Vice Mayor El Cid Familiaran, there is no enabling law yet about the postponement of barangay elections. Although the lower house has approved in the second reading the postponement of barangay and SK elections to May 2018, but there is no Senate version yet. So let us wait that the two chambers will decide - the House of Representatives and the Senate. It is barely one month left for the senate and lower house to finally decide the postponement. If ever the two chambers fail to decide prior to the date of election, then the barangay and SK elections will push through. Hence, the re-electionists have to prepare for it, Familiaran stressed. As to big players in politics financing candidates, so far there is no known big player yet identified in Bacolod, according to the Vice Mayor.* (Edith B.Colmo) BACOLOD CITY Mayor Evelio Leonardia (2nd from right) holds in a press conference morning of Sept 12, 2017 after the Court of Appeals overturned the decision of the Ombudsman against him and 8 others city officials for the alleged questionable purchase of furniture and fixture for the New Bacolod Government Center in 2008. With him are (from left) Atty. Joselito Bayatan, Councilors Caesar Distrito, Cindy Rojas, Em Ang, Vice Mayor El Cid Familiaran, Mrs. Maita Gasataya representing her husband Congressman Greg Gasataya and Councilor Renecito Novero. BACOLOD City – The Court of Appeals Visayan Station overturned the decision of the Office of the Ombudsman indicting Bacolod City Mayor Evelio Leonardia and eight other officials in the alleged irregular acquisition of P49 million worth of furniture and fixture for the Bacolod City Government Center in 2008.
The decision, copies of which were furnished to the media on Sept 12, 2017, was promulgated on Sept 6, 2017 and signed by Associate Justice Germano Francisco D. Legaspi, Associate Justice Marilyn B. Lagura-Yap and Executive Justice Gabriel T. Ingles of the 18th Division of CA-Cebu. In a press conference at his office here, Leonardia said he feels vindicated and vindicated as he realized who his real friends are during times of trial. He also lauded Bacolod City Mayor El Cid Familiaran, whom he described as a statesman, real friend and a party mate who did not attempt at all to “take over the post.” Aside from Leonardia, the CA also exonerated Atty. Goldwyn Nifras, Luzviminda Treyes. Nelson Sedillo Sr., Belly Aguillon, Eduardo Ravena, Aladino Agbones, Jaries Ebenizer and Melvin Recabar. The decision cleared Leonardia and group of the charges for grave misconduct and gross neglect of duty. The CA also reversed the penalty of dismissal meted by the Ombudsman against the mayor and eight others. The decision also emphasized that the condonation or Aguinaldo doctrine was also applicable in his defense, notwithstanding the fact that the merits of the case alone were already sufficient to exonerate him. The Aguinaldo doctrine, which was already abrogated by the Supreme Court, extinguishes the administrative liabilities of elected government officials if they are re-elected in office while the case is awaiting decision. In its decision, the CA stressed that “evidently there is no showing that the acts, which purportedly transgressed the IRR (implementing rules and regulations) of R.A. No. 9184 (Government Procurement Reform Act) were tainted with corruption or that petitioners benefitted therefrom.” “In fact, it was never claimed that prices of the procured items were unreasonable. It is also undisputed that all the items subject of the P.O. (purchase orders) were delivered. Besides, it was not proven by substantial evidence that petitioners’ alleged violation of the law was with the willful intent, Thus petitioners cannot be held liable for grave misconduct or gross neglect of duty.” The decision also stated that “after a circumspect of the record, we reject the findings of the Office of the Ombudsman relative to the petitioners’ liability for grave misconduct and gross neglect of duty.” “The petitioners did not manifest any clear intent to violate the law or disregard an established rule when they did not follow the procedure or requiring contract with Comfac Corporation relative to the delivery of the purchased furniture and fixture.” The decision added: “We see no error in the computation of the liquidated damages against Comfac Corporation for the items it belatedly delivered. There is nothing on the record that would support the ruling of the Office of the Ombudsman that liquidated damages in the amount of P14,152,717.80 should be charged against Comfac Corporation.” But it also stated that Ravena and Recabar should be held liable for the administrative offence of simple misconduct for retaining Comfac Corporation’s bidder’s bond and treating it as a performance bond. “The two cannot invoke good faith as a defense because, being the persons charged with the reception of bonds, they ought to know the rules differentiating the bidders’ bond from a performance bond and their implication, thus their violation of the rules makes them liable for simple misconduct.” The decision also stated that “petitioners who have not retired or who have not been separated from the government service shall be reinstated immediately and are entitled to back wages and all benefits from the time they were dismissed from service.” As to Ravena and Recabar, the CA said payment of their back wages and benefits shall commence from the time they served the aforestated-3 month suspension up to the time of their actual reinstatement.” Leonardia reiterated that “as I have been saying there was no dishonestly here, it was a matter of technicality and procedure.” Joining the mayor in the press conference where his co accused and his party mates in Grupo Progreso. Also present were Councilors Em Ang, Caesar Distrito, Cindy Rojas, Dindo Ramos and Renecito Novero as well as his legal counsel Joselito Bayatan. Dolly Yasa BACOLOD City Vice Mayor El Cid Familiaran said Sunday, September 10, the shredder machines will be distributed anytime this week to various barangays for the implementation of the “no segregation, no collection” policy. Familiaran, chairman of Solid Waste Action Team (Swat), said the host villages are required to submit the required documents to receive the shredding machines at the Bacolod Government Center. “After they comply, we will release the units,” he said. The City Government purchased 14 units of shredding machines worth P5 million from the RU Foundry and Machine Shop Corp. also based in Bacolod. Familiaran said Barangays 28, Cabug, Alangilan, Pahanocoy, Handumanan, Taculing, Sum-ag, Granada, and Mandalagan submitted documents to host the shredder machines. Biodegradable wastes will be shredded to be used for organic farming. Familiaran said he is waiting for the decision of the officers of the three major public markets on the proposal that they host the remaining shredder machines. He said that during his meeting with officers of Central, Burgos and Libertad Public Markets last week, some problems have been discussed in hosting of shredder machines like gasoline, manpower, and area for the shredded wastes. “I am still hopeful that they will host the shredder machines because 90 percent of wastes from the markets are biodegradable,” he said. Familiaran said trash hauer IPM-Construction and Development Corp. collects biodegradable waste every Monday, Wednesday, Friday, and Sunday, and non-biodegradable waste every Tuesday and Thursday, and Saturday. He said they expect 90 percent compliance with waste segregation, but it’s unfortunate that only less than 10 percent are complying so far. Familiaran added they are hopeful that after three months, all 61 villages will be able to comply with the waste segregation policy and they could start penalizing violators. (MAP) |
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