Ombudsman Conchita Carpio-Morales has ordered the suspension of Bais City Mayor Mercedes T. Goni for one month and one day without pay for being administratively liable for Simple Neglect of Duty for failing to issue a Mayor’s Permit within the 10-day period required by law.
The 7-page Decision by Graft Investigation and Prosecution Officer III Agnes T. Montuno dated August 27 and approved by Ombudsman Morales on November 2, 2016, also required the Mayor’s attendance in a Values Orientation Program for violation of RA 9485, or the Anti Red Tape Act.
The suspension was a result of a case filed by Ian Cody Katipunan an applicant for a commercial radio station in the City.
Katipunan first submitted his application for a Mayor’s permit on July 31, 2013. He was not granted a Mayor’s permit for his failure to submit required documents. But Katipunan’s Beat Radio went on air on December 8, 2013 with a Provisional Authority to Operate from the National Telecommunications Commission.
Mayor Goni issued a Cease and Desist Order on February 3, 2014 which Katipunan complied with but he resumed operations on November 14, 2015 by virtue of a Provisional Authority from the NTC.
On January 4, 2016, Mayor Goni again reminded Katipunan that he cannot operate without a Mayor’s Permit. Katipunan applied for a Mayor’s Permit two days later.
After no permit was issued after 10 days, Katipunan filed the case against Mayor Goni for Neglect of Duty and violation of RA 9485. He said he complied with all the necessary requirements and paid all the fees.
Mayor Goni belied the claim of Katipunan that she did not act on the Mayor’s Permit application. She told the Ombudsman that on January 7, 2016, a day after she received the application, she ordered the Office of the City Engineer and the City Planning and Development Office to look into the records and legal consequences of the application and to update her on the status of the complainant’s first application.
She also said she endorsed the application to the City Council for appropriate action and that the applicant was duly appraised of the status of his application every time he made a follow-up.
The Ombudsman found the Mayor’s explanation to be insufficient. “RA 9485 imposes upon the respondent the duty of informing the complainant in writing why she could not act on the application within the 10 day period, the number of additional days the office needs to act on the same and the date when the final action of the office on his application will be released.”
The Ombudsman noted that “action” as defined by the law is the written disapproval or approval made by the government office or agency on the application or request submitted by the client for processing.
As with similar previous cases, the Ombudsman’s decision is scheduled to be forwarded to the Department of Interior and Local Government for implementation. (IFBP)
Bais City Mayor Mercy Goni has filed a Motion for Reconsideration on the suspension order of the Ombudsman for her failure to issue a Mayor’s Permit to an applicant of a radio station.
In a press conference last Monday, Bais City Legal Officer Lloyd Luzurriaga Elmaco said the Motion for Reconsideration was filed on December 2.
Katipunan filed a case against Mayor Goni when she failed to issue a Mayor’s Permit within 10 days from the date he submitted his application to operate a radio station. The case was filed in January 2016, after his second attempt to file his application.
The 7-page Decision by Graft Investigation and Prosecution Officer III Agnes T. Montuno dated August 27 and approved by Ombudsman Morales on November 2, 2016, also required the Mayor’s attendance in a Values Orientation Program for violation of RA 9485, or the Anti Red Tape Act.
Elmaco said the Order of the Ombudsman suspending Mayor Goni for one month and 30 days for Simple Negligence and for violating the Anti Red Tape Act is unfair.
Katipunan’s first attempt to file for a Mayor’s Permit in 2013 was denied due to lack of supporting papers.
Elmaco revealed that while Katipunan operated his radio station on frequency 88.9 MHZ based on a Provisional Authority from the National Telecommunications Commission, the Provisional Authority was not in his name but in the name of Prime Broadcasting Network.
“We conducted further investigation when he applied for a permit because he was not the permittee. Katipunan and Prime Broadcasting have a marketing agreement, where it is mentioned that all permits should be in the name of PBN but Katipunan filed the permit in his name”, Elmaco said.
Further investigation revealed that PBN filed a complaint against Katipunan dated May 30, 2016 for violation of this agreement, Elmaco said.
The Ombudsman, he said, has five days to decide on the Motion for Reconsideration from receipt, and from there, the decision will be forwarded to the Department of Interior and Local Government, which we hope will be a favorable decision. (IFBP)
