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Thursday, June 2, 2022

Ombudsman dismisses charges vs. Zambo mayor


ZAMBOANGA CITY – The Office of the Ombudsman has dismissed charges filed by a veteran radioman in 2019 against Mayor Maria Isabelle (Beng Climaco) Salazar for violating the Code of Conduct and Ethical standards for Public Officials and Employees.

Rey Bayoging, president of eMedia Production Network, Inc., filed the charges after he failed to secure a business permit from the local government. eMedia is engaged in the business of advertising, promotion, radio and television production. And since 2013, is the exclusive program and content provider and blocktimer of Westwind Broadcasting Corp. which owns TV and radio broadcasting stations in Zamboanga City. 

Salazar was charged with violating Republic Act No. 11032 and Republic Act 6713. 

On January 7, 2019, Bayoging applied first for the renewal of its business permits with the local government and submitted all the requirements - listed in the Citizen’s Charter - to Benjie Barredo, the chief of the Permits and Licensing Division. 

The application was disapproved for the reason that the complainant lacks a legislative franchise to operate TV and radio stations. By disapproving the renewal of the business permit, Salazar also impliedly denied Westwind’s own business permit application -  even in the administrative case the local government lodged against Westwind before the National Telecommunications Commission (NTC)  is still being heard. 

Complainant alleges further that respondent’s action is contrary to the DILG, DTI and DICT’s 2016 Joint Memorandum Circular (JMC) No. 1 which provides that for business permit renewal purposes, only two documents are required - the applicants basis for computing taxes, fees, and other charges, and barangay clearance, which complainant all complied with. 

It also amounts to abuse of respondent’s authority since even the Citizen’s Charter did not list the legislative franchise as a requirement and, neither is complainant in the “Negative List” of any concerned government agency, including the NTC. 

In her counter affidavit, Salazar asserts that the disapproval of the complainant's business permit renewal application was the result of the judicious exercise of judgment and official discretion on her part. She said the 2017 Mayor’s permit granted to the complainant merely authorized it to operate as a contractor for advertising and promotion, radio and TV advertisements and productions, and it contains a provision that any violation of existing laws and ordinances by the permittee subjects the same to revocation. 

As complainant operated TV and radio stations without a legislative franchise and an authority from the NTC, respondent had to deny the renewal of its business permit pursuant to her duty under Section 455 of the 1991 Local Government Code. 

The Office (of the Ombudsman) noted the respondent’s verified position paper. No position paper was received from the complainant, according to the Ombudsman. “The complainant fails,” it said. 

In a six-page decision, the Ombudsman said: “Respondent’s disapproval of complainant’s business permit renewal application was premise on the following grounds - based on the documents in the possession of her office, her own personal knowledge, and the information related to her by the City's Permits and Licensing Division; (the) complainant operated TV and radio stations in Zamboanga City.” 

“Since complainant’s original Mayor's permit was only as a contractor for advertising and promotion, radio and TV production and advertisements, such operation thus violated the City's Ordinance No. 92-008, which prohibits the conduct of any business without a permit having been first obtained from the City Mayor or her duly authorized representative; complainant’s Articles of Incorporation does not allow it to engaged in TV and radio broadcasting activities; Westwind being the one issued with the Provisional Authority (PA) by the NTC to operate TV and radio station, the use thereof by complainant is a violative of the PA’s condition No. 8, which prohibits the lease, transfer or assignment, among others, of the PA to any other person or entity; at the same time, such use violated Section 12 of the franchise granted by Congress of the Philippines to Westwind, similarly prohibiting, the lease, assignment or transfer thereof.” 

The Ombudsman said considering these serious violations which complainant notably did not dispute, respondent may not be faulted for exercising, prudence, and disapproving the renewal of the business permit. “Worth noting, further is the absence of evidence indicating that respondent was ill-motivated, or inspired by some malicious intent when she made the disapproval, which could have otherwise destroyed the presumption that she exercised the power of her office with regularity and good faith,” it said. 

“By the same token, respondent cannot be regarded as having violated Section 21 of Republic Act No. 11032 when she required complainant (to submit) its own legislative franchise and NTC license over and above the requirements for the renewal of a business permit as listed in the JMC or the City’s Citizen’s Charter. For one, Section 21 of Republic Act No. 11032 presupposes that the business permit applicant has complied with all the requirements that the law or laws governing or regulating the applicant’s type of business had prescribed. For another, the JMC is explicit that all business permits, applicants shall comply with all national laws and regulatory requirements,” the Ombudsman added. 

It said since complainant was engaged in the operation of radio and TV stations, it must abide by Republic Act No. 3846 and Commonwealth Act No. 146, which require it to produce a legislative franchise and an NTC license, respectively. 

“That complainant merely acts as the exclusive content provider producer and blocktimer of Westwind deserves scant consideration in light of the evidence gathered by respondent’s office, among which are the management contract between Westwind and complainant Bayoging’s and eMedia manager Belsie Agustin’s letter to City Administrator Marie Angelique Go, all pointing to the fact that the complainant has assumed the operation and maintenance of Westwind’s TV and radio stations,” the Ombudsman said. 

“On the basis of the foregoing findings, thus, the criminal and administrative charges against respondent cannot stand,” it added. 

The decision to dismiss the charges against Salazar was recommended by Deputy Ombudsman for Mindanao, Rodolfo Elman and approved by Ombudsman Samuel Marites on January 4, 2022 and was only received by Salazar through the City Legal Office on June 1. 

Defiance

In October 2017, eMedia Productions was served with a temporary closure order for allegedly failing to comply with some legal requirements and documents for it to operate.

Bayoging defied the order saying only the NTC has authority over them and not the local government.

Salazar reminded businessmen, including media outfits to properly comply with requirements for operating business in Zamboanga City and avoid inconveniences. Citing, Section 6.2 of the Department of the Interior and Local Government-Department of Trade and Industry Joint Memorandum Circular 01, Series 2016, Salazar 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 among others. 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,” she 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 Republic Act 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,” Salazar explained.

Local newspapers were not spared from Salazar’s scrutiny and she ordered the City Treasurer under Romelita Candido to also conduct an audit and examine books of accounts and other pertinent records to verify and assess, and collect the true amount of taxes, fees and charges from January to December 2016. Media executives said they will comply with Salazar’s order.

Many establishments have sprouted in Zamboanga City, but many of them also had no business permits and also do not issue official receipts. (Mindanao Examiner)



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