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28 April 2019

MAYOR JOSE ESPINOSA, III


Iloilo City Mayor
Iloilo City Hall, Iloilo City

ATTY. HERNANDO GALVEZ


Iloilo City Administrator
Iloilo City Hall, Iloilo City

MS. RUTH ARROYO


Secretary, Iloilo City Council
Iloilo City Hall, Iloilo City

MR. ROBERTO DIVINAGRACIA


Iloilo City Engineer
Iloilo City Hall, Iloilo City

MR. NOEL HECHANOVA


Head, CENRO Iloilo City
Iloilo City Hall, Iloilo City

MR. GENE GARINGALAO


Head, Iloilo City Social Welfare and Development Office
Iloilo City Hall, Iloilo City

MR. ARIEL CASTAÑEDA


Head, Iloilo City Local Economic Enterprise Office
Iloilo City Hall, Iloilo City

MR. DARWIN JOEMIL PAPA


Operations Officer, Iloilo City DRRMO
Iloilo City Hall, Iloilo City

MR. ROMULO PANGANTIHON


City Agriculturist
Iloilo City Hall, Iloilo City

MRS. AMARYLIS JOSEPHINE CASTRO


Finance Department Manager
Metro Iloilo Water District, Iloilo City

MR. JINNY HERMANO


Iloilo City Treasurer
Iloilo City Hall, Iloilo City

MS. MICHELLE LOPEZ


Iloilo City Accountant
Iloilo City Hall, Iloilo City

MS. NINDA ATINADO


Iloilo City Budget Officer
Iloilo City Hall, Iloilo City

MR. JOREN SARTORIO


General Services Office
Iloilo City Hall, Iloilo City

Messers and Mesdammes:

We write for our clients (Vice Mayor Jeffrey Ganzon, and Councilors Armand Parcon,
Ely Estante Jr., Lady Julie Grace Baronda, Jose Efrain Treñas III, Maria Irene Ong, and
Leila Luntao), who are registered voters of Iloilo City. They informed us
that eight councilors, namely: Joshua Alim, Plaridel Nava, Candice Magdalane
Tupas, MandrieMalabor,Liezl Joy Salazar, RLeone Gerochi, Eduardo Peñaredondo and
Lyndon Acap issued a resolution declaring that Iloilo City is under a state of calamity.

We were also informed that the concerted actions of the eight councilors (Alim et al) were
upon the request and orchestration of Iloilo City Mayor Jose Espinosa III, through Iloilo City
Administrator Hernando Galvez, Chief of Staff Rommel Castro, Iloilo City Agriculturist
Romulo Pangantihon, LEEO Operations Officer Darwin Joemil Papa, and LDRRMO IV, Donna
P. Magno.

We advise you to that in relation to a declaration of a state of calamity, it is


unlawful under Republic Act No. 10121 to deliberately use false or inflated data in
support of request for funding. According to our clients, documents available to them
show that the eight councilors did not have the factual basis to declare in a resolution
that Iloilo City is under a state of calamity.

In passing the 26 April 2019 resolution, the eight councilors (Alim et al) alleged that
(1) at least 20 percent of the population are affected and in need of emergency
assistance or whose dwelling units have been destroyed, (2) widespread destruction of
fishponds, crops, poultry and livestock, and other agricultural products, and (3)
disruption of lifelines such as electricity, potable water system, transport system,
communications systems and other related systems which cannot be restored within
one week, except for highly-urbanized areas where restoration of the of the above
lifelines cannot be made within 24 hours. They are mistaken.

The premise for the resolution declaring a state of calamity


is substantially infirm and factually lacking

First, only four out of a total 180 barangays supposedly passed resolutions asking for
assistance to provide water. These four barangays have a total population of 28, 211
only or 5.97% of Iloilo City’s total population of 472,491 based on the 2015 Census
Population Household. The criterion is clear in saying that the 20% percent should be
computed according to the number of individuals that are affected. Hence,
the eight councilors did not satisfy the 20% threshold required by law.

Second, only 4.88% or 18.5 hectares out of the total 379 hectares of agricultural land in
Iloilo City were affected by water scarcity. These affected lands, located at
Barangay Lanit and Tacas are rainfed - water melon farms. However, the number of
hectares should not only be the basis, but the drought affecting the crop production
(NDCC Memo Order Number 4, series of 1998, Number 4, paragraph a). Moreover, the
criterion is also clear that there should be a widespread destruction of NOT ONLY crops
BUT also of fishponds, poultry, livestock and agricultural products. There was no data
as to the number of farmers, what type of crops, what livestock where affected, the
availability of water in these agricultural land, and the equivalent amount of damage to
support this requirement.

Third, there is no disruption of timelines of potable water system in Iloilo City, which
cannot be restored within twenty-four hours. The alleged water scarcity, even if true,
did not meet the criteria of the National Disaster Risk Reduction and Management
Council’s (NDRRMC) and cannot justify the declaration of a state of calamity. Attached
to this letter are machine copies of supporting documents to attest to the narrated facts.

Fourth, as there is no disruption of normal operations, the Metro Iloilo Water District
(MIWD), did not recommend that there is a drastic shortage of water in Iloilo City to
warrant the declaration of a state of calamity.

Fifth, the Office of Civil Defense (OCD) did not make any recommendation to warrant
the said declaration. Under Republic Act No. 10121 the OCD is tasked to advise and
ensure that the local disaster risk reduction management office is properly informed
ofthe existence of any hazard.

Sixth, the City Disaster Risk Reduction Management Office recommended in their
Report on the Rapid Assessment on the Effects of El Nino in Water Supply/Distribution
among the Households during the April 22, 2019 council meeting that “In the absence of
legal documents from the barangays declaring the state of calamity, it becomes difficult
and challenging to declare a state of calamity. Evidence such as barangay resolutions is
a strong support to this.” This in itself is a strong admission that the requirement was
NOT MET to declare the state of calamity.

There is no factual basis to declare that Iloilo City is in a state of calamity, as such,
any resulting resolution to the contrary is void substantially.

The steps taken to pass the resolution


declaring a state of calamity is procedurally defective

First, the sanggunian illegally acting through the eight councilors did not have a quorum to
conduct its business through an alleged special session. The SanggunianPanlunsod has 15
members, composed of 12 regular members, 2 ex-officio members, and the Vice Mayor as
the presiding officer. Undue haste was employed by the councilors who were present
during the 26 April 2019 session. Sufficient safeguards and remedies were provided for
under the Iloilo City Sanggunian Internal Rules of Procedure (IRP), however, they (Alim et
al) opted to disregard the same. Thereby willfully and deliberately violating the internal
rules of the Sanggunian of Iloilo City.

If for purposes of determining a quorum, there should be NINE members be present to


constitute a quorum, and not eight. There being no quorum, the sanggunian cannot
conduct business; and the presiding officer should have declared the session adjourned for
lack of quorum.

Second, the alleged special session was invalid hence, void. The records and journals of the
Sanggunian would show that there was no written notice served personally to our clients.
It is explicitly provided for in the IRP that, “Written notice of all the Sanggunian members
stating the date, time and purpose of the special session shall be served personally or left
with a member of his household who is of legal age and of sufficient discretion at his usual
place of residence at least twenty four (24) hours before the special session is held. No
special session shall be held unless there is a written proof that all members of the
Sanggunian have been duly notified and if special session proceeds, all action taken or
decided therein shall be considered null and void.” The eightcouncilors did not comply
with the notice requirement, thus the supposed special session by the eight councilors
(Alim et al) is null and void.(WE RECEIVED THE NOTICE THRU OUR OFFICES AROUND
12NN of April 25)

Third, even granting for the sake of argument that there was a quorum, the eighth vote of
Councilor Gerochi is invald. He, acting as temporary presiding officer during the invalid 26
April 2019 special session cannot cast his vote. The law expressly prohibits the presiding
officer from voting, except to break a tie. Last 26 April 2019 he (Councilor Gerochi) acted
as a temporary presiding officer; then he relinquished said post of acting presiding officer
just to vote, after which re-assumed the position of presiding officer after voting. The law
and jurisprudence is clear on this, the vote of Councilor Gerochi is void. Thus, the seven
votes cast by Councilors Alim, Nava, Salazar, Tupas, Malabor, Peńaredondo and Acap is not
sufficient to pass the resolution declaring the state of calamity for Iloilo City.

The hasty and illegal acts of Councilors Gerochi, Alim, Nava, Salazar, Tupas, Malabor,
Peńaredondo and Acap cannot produce any lawful effect. The proceedings conducted by
the eight councilors is void, hence, the resolution that they passed is also void, and is in
fact illegal.

Be informed that under Republic Act No 10121, any individual who commits any act of
deliberately using false or inflated data to request for funding or other aid commodities for
emergency assistance “shall be prosecuted and upon conviction shall suffer a fine of not
less than PHP 50,000.00 or any amount not exceeding PHP 500,000.00 or imprisonment,
including perpetual disqualification from public office”. The facts support our clients claim,
and as such, we caution against any act or acts that may result from the illegal and unlawful
acts of the eight councilors (Alim et al) as well as other persons who may act upon the
illegal resolution issued by them, and cause the release of the calamity funds of Iloilo City
even if the factual basis therefor is absent.

To emphasize, the measure and undue haste taken by Iloilo City Mayor Jose Espinosa, III,
Iloilo City Administrator Hernando Galvez, Chief of Staff Rommel Castro, Iloilo City
Agriculturist Romulo Pangantihon, LEEO Operations Officer Darwin Joemil Papa, and
LDRRMO IV, Donna P. Magno, Councilors Joshua Alim, Plaridel Nava, Candice Magdalene
Tupas, MandrieMalabor, LiezlJoy Salazar, RleoneGerochi, EduardoPeñaredondo and
Lyndon Acap if and when it results to the release of the entire calamity fund, contrary to
Republic Act No. 10121 is a clear violation of the law, and may be punished accordingly.

We also advise you that government funds cannot be released during the election period
unless authorized by the COMELEC, more so if the basis for such release is illegal and invalid.
A simple reading of COMELEC Resolution No. 10429 in relation to Sections 261, 263 and 264
of Batas PambansaBilang 881 shows that during the election period, it is considered an
election offense to release government funds.

The obvious intent of declaring Iloilo City to be in a state of calamity is to access and
disburse its calamity fund. As discussed, there is no factual basis to warrant the declaration
that Iloilo City is in a state of calamity, and that the concerted acts of the eight councilors
are void substantially and procedurally. Hence, if and when any portion of the calamity
fund of Iloilo City would be released during the election period, in the clear absence of a
calamity, pursuant to the Omnibus Election Code, any person or persons who commit an
election offense face the risk of suffering imprisonment not subject to probation,
disqualification to hold public office and deprivation of the right to vote.

We further advise you that a public officer who influences or allows himself to be influenced
to commit a violation of rules and regulations promulgated by competent authority is
punishable under Section 3(a) of Republic Act No. 3019 by imprisonment, perpetual
disqualification from holding public office and confiscation or forfeiture of any assets illegally
acquired.

As we have discussed, there is no factual basis to justify any issuance that Iloilo City is in a
state of calamity. Furthermore, the steps taken to railroad the issuance of a sanggunian
resolution to that effect is clear and undeniable. These illegal acts may lead to the unlawful
release of government funds (e.g. calamity fund of Iloilo City) during the election period,
which is an election offense; and any public officer who allows himself to be induced to
commit a violation of law may be held liable for graft and corrupt practices.

We have furnished copies of this letter to all competent and relevant government offices for
advice and appropriate action; as such we caution you to refrain from prematurely acting
on any request for the release of the calamity funds of Iloilo City, otherwise, our clients may
decide to institute all legal actions against all persons who willfully violate the law.

Finally, we are likewise requesting the COMELEC Law Department, the National Disaster
Risk Reduction and Management Council, and the Office of the Ombudsman to investigate
into this matter, specifically the filing of criminal and administrative liabilities against Iloilo
City Mayor Jose Espinosa, III, Iloilo City Administrator Hernando Galvez, Chief of Staff
Rommel Castro, Iloilo City Agriculturist Romulo Pangantihon, LEEO Operations Officer
Darwin Joemil Papa, and LDRRMO IV, Donna P. Magno, and the eight Iloilo City Councilors
namely: Councilors Joshua Alim, Plaridel Nava, Candice Tupas, MandrieMalabor, Liezl
Salazar, RleoneGerochi, Ed Peñaredondo and Lyndon Acap, as well as other persons who
may act upon the illegal resolution issued by them, and cause the release of the calamity
funds of Iloilo City even if the factual basis therefor is absent for possible violations of
Republic Act No. 10121, COMELEC Resolution No. 10429 in relation to Sections 261, 263
and 264 of Batas PambansaBilang 881, and Republic Act No. 3019.

We trust that you will act accordingly.

Sincerely,

ATTY. EDGARDO GIL

ATTY. EDGAR PARKER

ATTY. CIRILO YURO, JR


ATTY. JOSEPH AREÑO

ATTY. RENE PONCE EÑANO

ATTY. JEREMY BIONAT

ATTY. ALOYSIUS PACELLI DELA CRUZ, II

ATTY. RUBEN TORRES

ATTY. QUINTIN MAGSICO

ATTY. RICSAN TORMON

ATTY. GV EUTIQUIO CUÑADA

ATTY. LAWUEL LERONA

ATTY. JON CERLAN BANGOY


ATTY. PETRI JOHN DORONILA

Copies of this letter, together with the enclosures were furnished to:
1. Mayor Jose Espinosa, III
2. City Administrator Hernando Galvez
3. Iloilo City Council Secretary Ruth Arroyo
4. Office of the Ombudsman, Iloilo City
5. COMELEC Law Department
6. COMELEC Officer, Iloilo City
7. Philippine National Red Cross, Iloilo City
8. Commission on Audit, Iloilo City
9. Department of Budget and Management, Iloilo City
10. Office of the Secretary, DILG
11. Office of Civil Defense
12. Metro Iloilo Water District

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