Treñas barred from giving aid to needy
This could be a very unwelcome news for the city's indigents.
Mayor Jerry Treñas is being prohibited by the Commission on Election (Comelec) from giving dole outs to poor people who usually come to his office for help.
Comelec denied Treñas's request to exempt him from Section 104 of the Omnibus Election Code.
In an en banc resolution signed by Comelec Chairman Benjamin S. Abalos Sr., the Comelec ruled that "it is unlawful for Treñas who appears to be a re-electionist to directly or indirectly contribute or donate or give gift in cash or in kind of whatsoever during campaign period, on the day before and on the day of election, to the squatters and indigent residents in Iloilo City through the City Social Welfare Department."
Treñas along with his partymates filed his certificate of candidacy last March 24, 2007.
The resolution promulgated last February 20, 2007 was signed by Commissioners Resurreccion Z. Borra, Romeo A. Brawner, Rene V. Sarmiento and Nicodemo T. Ferrer.
A copy of the resolution was posted outside the mayor's office for the information of the public.
The Comelec ruled that granting Trenas's request through the City Social Welfare Development Officer to continue with the project to help the needy squatters and indigent residents of the city from the beginning of the campaign period "would really defeat the very purpose of the law not only because of the election ban but also because the City Social Welfare Department is being used as agent or representative of the incumbent mayor contemplated under Section 104 of the Omnibus Election Code."
Section 104 of the Omnibus Election Code deals on prohibited donations by candidates, treasurer or parties or their agents. It is stipulated that no candidate, his or her spouse or any relative within the second civil degree of consanguinity or affinity or his campaign manager, agent or representative shall during the campaign period, on the day before and on the day of election, directly or indirectly make any donation, contribution or gift in cash or in kind.
Incumbent officials are also prohibited to undertake or contribute to the construction or repair of roads, bridges, school buses, puericulture centers, medical clinics and hospitals, churches or chapels cement pavements or any structure for public use or for the use of any religious or civic organization. Provided that normal and customary religious dues or contributions such as religious stipends, tithes or collections on Sundays or other designated collection days as well as periodic payments for legitimate scholarships established and school contributions habitually made before the prohibited period are excluded from the prohibition.
In his request for exemption, Treñas said Iloilo City is composed of 180 barangays. Many of these barangays are populated by squatters and indigent residents who need medicines and financial assistance to secure hospitalizations, x-ray, CT scan or Ultrasound which on their own they cannot afford to pay.
"To help these needy residents, the city government of Iloilo City through the City Social Welfare Department has been taking a program to help these individual in crisis situation. This is an ongoing program that has been undertaken by previous administrations. To suspend or delay this program will be fatal to these needy persons," Treñas said.
Moreover, Treñas said last March 6,2001, the City Social Welfare and Development Officer received from the Central Office of the DSWD, a communication addressed to all officials and employees, Department of Social Welfare and Development stating that the Law Department of the Commission on Elections have clarified that ongoing programs, projects and activities commenced before the campaign period are not covered by the election ban.
On their part, the Comelec stressed that Treñas cannot invoke the statement allegedly made by the Law Department of the commission as a precedent giving due approval to his request. "It must be emphasized that the then ongoing projects as mentioned only pertain to public works. The particular projects presented by Treñas are not covered by the election ban which is obviously in the case at hand.
The Comelec said to suspend or delay the foregoing programs and projects of Treñas "will be fatal to the needy" but the law is clear that no exemption shall ever be granted from Section 104 of the Omnibus Election Code to any candidate or his representatives during the campaign period, on the day before and on the day of the election, relative to the giving of donations or contributions of whatever kind to anybody.