MAYOR BENG Climaco has won over the cases filed against her and several others by cable television channel eMedia over a closure order by the local government for operating without a business permit.
The Office of the Ombudsman dismissed two cases filed by eMedia in December 17 against Climaco, City Administrator Marie Angelique Go and members of the City Teodyver Arquiza, Elbert Atilano, Al-Jihan Edding, Juan Climaco Elago II, Tungkuh Hanapi, Cesar Jimenez, Charlie Mariano, Josephine Pareja and Jimmy Villaflores.
It found no probable cause and substantial evidence against Climaco and the others who were accused of violating Section 3(e) of Republic Act (RA) No. 3019 and Article 177 of the Revised Penal Code, and OMB-M-A-17-0599 for conduct prejudicial to the Best Interest of the Service, Dishonesty, Grave Abuse Authority, Grave Misconduct, Oppression and violation of RA No. 6713.
The Ombudsman also found no probable cause to indict council members for violation of Article 177 of the Revised Penal Code as “they merely expressed support to the action taken by the city government. For essentially the same reasons and for lack of substantial evidence, respondents are not administratively liable. Wherefore, the complaints were dismissed.”
The charges stemmed from the operation of eMedia without a Mayor’s permit and the eventual issuance of a closure order by Climaco and the councilors who passed a resolution supporting the move.
In a 10-page Joint Resolution dated December 18, 2018, a copy of which was received only on February 3, 2020 by the City Legal Office, the Graft Investigation and Prosecution Officer Rey Mar Ondi found no evidence showing that respondents had acted with manifest partiality, evident bad faith or gross inexcusable negligence in order to warrant their indictment for violation of Section 3(e) of RA 3019.
The Ombudsman further stressed that procedural due process was complied with considering that several notices were in fact sent to eMedia prior to the issuance of the closure order. Also a dialogue was held between the concerned parties.
Records showed that eMedia, which has been in the multimedia business since 2013, entered into a management contract with Westwind Broadcasting Corporation, a legitimate broadcasting corporation, to be the latter’s sole and exclusive program and content producer in Zamboanga City.
Last year, the Ombudsman also junked two other charges filed by eMedia against Climaco. There was no immediate reaction from eMedia.
Climaco has repeatedly reminded business owners and operators to comply with the local government requirements if they want to operate here. Citing, Section 6.2 of the Department of the Interior and Local Government-Department of Trade and Industry Joint Memorandum Circular 01, Series 2016, she said all business permit applicants are mandated to comply with national laws and regulatory requirements.
“Among the legal essentials are proof of business registration, business capitalization, occupancy permit, contract of lease and barangay clearance. For other industries, such as media, a business permit can only be obtained if the said outfit has complied with statutory requirements specifically the legislative or congressional franchise to operate,” Climaco said.
“Based on records, a number of business establishments are not compliant with requirements under the law and are facing sanctions. Under the Local Government Code, the chief executive is empowered to impose penalties on violators of the law. This, based on Section 16 of RA No. 7160 or Local Government Code, which states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare,” she said.
Climaco’s supporters and Netizens hailed the Ombudsman’s decision.
Elmer Atilano, reacting to the dismissal of the charges against Climaco, wrote this on the mayor’s Facebook page: “Ojala man stop ya se man file cases cay embuenamente man el cosa ta pasa na de aton ciudad. God has all the purpose and our plans are better than His. Praying for all of you through the intercession of La Virgen del Pilar.”
“Go ahead with your plan Madam Beng, inggit lang sos mga grande boka de kwento-kwento lang nohay accion, mira lang ustedes para bien del Zamboanga ayuda con Mayor Beng. Ancina el chene buen corazon, ta ayuda,” said Fe Suegay.
Edna Araneta Sumergido commented: “Long live Mayor Beng!” (Zamboanga Post)
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The Office of the Ombudsman dismissed two cases filed by eMedia in December 17 against Climaco, City Administrator Marie Angelique Go and members of the City Teodyver Arquiza, Elbert Atilano, Al-Jihan Edding, Juan Climaco Elago II, Tungkuh Hanapi, Cesar Jimenez, Charlie Mariano, Josephine Pareja and Jimmy Villaflores.
It found no probable cause and substantial evidence against Climaco and the others who were accused of violating Section 3(e) of Republic Act (RA) No. 3019 and Article 177 of the Revised Penal Code, and OMB-M-A-17-0599 for conduct prejudicial to the Best Interest of the Service, Dishonesty, Grave Abuse Authority, Grave Misconduct, Oppression and violation of RA No. 6713.
The Ombudsman also found no probable cause to indict council members for violation of Article 177 of the Revised Penal Code as “they merely expressed support to the action taken by the city government. For essentially the same reasons and for lack of substantial evidence, respondents are not administratively liable. Wherefore, the complaints were dismissed.”
The charges stemmed from the operation of eMedia without a Mayor’s permit and the eventual issuance of a closure order by Climaco and the councilors who passed a resolution supporting the move.
In a 10-page Joint Resolution dated December 18, 2018, a copy of which was received only on February 3, 2020 by the City Legal Office, the Graft Investigation and Prosecution Officer Rey Mar Ondi found no evidence showing that respondents had acted with manifest partiality, evident bad faith or gross inexcusable negligence in order to warrant their indictment for violation of Section 3(e) of RA 3019.
The Ombudsman further stressed that procedural due process was complied with considering that several notices were in fact sent to eMedia prior to the issuance of the closure order. Also a dialogue was held between the concerned parties.
Records showed that eMedia, which has been in the multimedia business since 2013, entered into a management contract with Westwind Broadcasting Corporation, a legitimate broadcasting corporation, to be the latter’s sole and exclusive program and content producer in Zamboanga City.
Last year, the Ombudsman also junked two other charges filed by eMedia against Climaco. There was no immediate reaction from eMedia.
Climaco has repeatedly reminded business owners and operators to comply with the local government requirements if they want to operate here. Citing, Section 6.2 of the Department of the Interior and Local Government-Department of Trade and Industry Joint Memorandum Circular 01, Series 2016, she said all business permit applicants are mandated to comply with national laws and regulatory requirements.
“Among the legal essentials are proof of business registration, business capitalization, occupancy permit, contract of lease and barangay clearance. For other industries, such as media, a business permit can only be obtained if the said outfit has complied with statutory requirements specifically the legislative or congressional franchise to operate,” Climaco said.
“Based on records, a number of business establishments are not compliant with requirements under the law and are facing sanctions. Under the Local Government Code, the chief executive is empowered to impose penalties on violators of the law. This, based on Section 16 of RA No. 7160 or Local Government Code, which states that every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance and those which are essential to the promotion of the general welfare,” she said.
Climaco’s supporters and Netizens hailed the Ombudsman’s decision.
Elmer Atilano, reacting to the dismissal of the charges against Climaco, wrote this on the mayor’s Facebook page: “Ojala man stop ya se man file cases cay embuenamente man el cosa ta pasa na de aton ciudad. God has all the purpose and our plans are better than His. Praying for all of you through the intercession of La Virgen del Pilar.”
“Go ahead with your plan Madam Beng, inggit lang sos mga grande boka de kwento-kwento lang nohay accion, mira lang ustedes para bien del Zamboanga ayuda con Mayor Beng. Ancina el chene buen corazon, ta ayuda,” said Fe Suegay.
Edna Araneta Sumergido commented: “Long live Mayor Beng!” (Zamboanga Post)
Like Us on Facebook: The Mindanao Examiner
Like Us on Facebook: The Zamboanga Post
Follow Us on Twitter: Mindanao Examine
Mirror Site: Mindanao Examiner Blog
Digital Archives: Mindanao Examiner Digital
Media Rates: Advertising Rates
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