Treñas insists authority in closure of Jaro plaza
Iloilo City Mayor Jerry Treñas challenged those who question his authority in issuing an executive order for the temporary closure of Jaro plaza to go to court. He is willing to test his ability as a lawyer in justifying his executive order dated Jan. 12.
Treñas issued the statement in view of the ongoing brouhaha between Barangay Capt. Jonas Belosillo of Simon-Ledesma and Barangay Capt. Lovejoy Hosenilla of Buntatala. They both considered themselves as president of the Association of Barangay Captains (ABC) in Jaro.
Hosenilla earlier asked the Sangguniang Panlungsod not to approve the closure of the plaza for the Jaro Agro-Industrial and Charity Fair believing he has the authority to do so as president of the association. Belosillo protested Hosenilla’s act.
Treñas recognized Belosillo as the ABC chair and not Hosenilla who belongs to the camp of his political opponents Presidential Legal Counsel Raul Gonzalez Sr. and incumbent Congressman Raul Gonzalez Jr.
Belosillo, a protégée of Treñas, was deposed by punong barangays loyal to the Gonzalezes. The issue on who has the authority to ask for the closure of the Jaro plaza is primarily a supplementary issue sparked on who holds the presidency.
Treñas cited Section 21 and Article 45 of the Local Government in issuing an executive order for the closure of Jaro plaza for cultural, industrial and agricultural purposes relative to the district’s fiesta on Feb. 2. The legal opinion from the City Legal Office was based in the issuance of the executive order.
Section 21 which deals on the closure and opening of roads states “any national or local road, alley, park or square may be temporarily closed during an actual emergency or fiesta celebration, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order. Provided, however that no national or local road alley, park, square shall be closed for athletic, cultural or civil activities not officially sponsored, recognized, or approved by the local government unit concerned.”
On the other hand, Article 45 of the Rules implementing the Local Government Code states any national or local road, alley, park, or square, may be temporarily closed during actual emergency or fiesta celebrations, public rallies, agricultural or industrial fairs, or undertakings of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in written order as follows (1) during the fiesta celebrations for a period not exceeding nine days; during agricultural or industrial fairs or expositions for a period as may be determined to be necessary and reasonable and when public works projects or activities are being undertaken for a period as may be determined necessary for the safety, security, health or welfare of the public when such closure is necessary to facilitate completion of the project or activities.”
Treñas said he could not have issued the executive order if his action is not supported by a legal opinion. The local chief executive has the authority to issue an order. “Iloilo City is still a government of laws.”
The provisions of the Local Government Code resolved the issue on who can issue an order for the closure and who is allowed to run the affairs of the Jaro agro-fair, said Treñas.
