IMPOSING THE PENALTY OF SUSPENSION FROM OFFICE FOR SIX (6) MONTHS WITHOUT PAY ON NAGA CITY SANGGUNIANG PANLUNGSOD MEMBER FIEL L. ROSALES FOR ABUSE OF AUTHORITY AND OPPRESSION

The case arose from the sworn-complaint of Mr. Orlando N. Olavere
against Kagawad Fiel L. Rosales of the Sangguniang Panlungsod of Naga
City, concerning the alleged harassment, oppression and abuse of
authority of the herein respondent, when the latter ordered the stoppage
of the construction of a five (5)-door apartment situated at Lomeda
Subdivision, San Felipe, Naga City, and ordered the arrest and detention
of the complainant.

In his answer, respondent avers, inter alia, that he cannot be held
liable for harassment or oppression when he ordered the stoppage of the
construction considering that he is merely implementing the Local
Building Code of Naga City. He claims that it is the City Mayor of Naga
and not the City Engineer who has the authority to issue a building
permit. Respondent likewise contends that the alleged permit held by the
complainant is not valid since it was not issued by the City Mayor of
Naga. Finally, respondent posits the view that there is nothing
irregular when he asked the complainant to stop the construction, the
same being illegal.

In compliance with Administrative Order No. 23, as amended, the DILG
set this case for preliminary conference and formal investigation at the
Office of the DILG City Director of Naga City. During the proceedings,
the parties agreed to submit the case for resolution on the basis of
their position papers.

In determining whether or not respondent is guilty of the charges
leveled against him, the following issue has to be resolved: Whether the
conduct of the respondent in ordering the stoppage of the construction
of the said apartment and the arrest and detention of the complainant in
the police detachment constitute oppression and abuse of authority.

“Oppression” has been defined as an “act of cruelty, severity, unlawful exaction, domination and excessive use of authority.” (Ochate v. Deling, 105 Phil. 384)

“Abuse” means “to make excessive or improper use of a thing or to
employ it in a manner contrary to the natural or legal rules for its
use. To make an extravagant or excessive use, as to abuse ones
authority.” [Black’s Law Dictionary (5th Ed.)]. It includes misuse (City of Battimore v. Cornellville & S.P.P. Ry. Co., G. Phil. 190).

Now does the above narration of facts show the commission by respondent of the administrative offenses complained of?

Respondent’s answer and position paper try to justify his acts by
claiming that he is merely implementing the Local Building Code of Naga
City (City Ordinance No. 97-081). I find this contention devoid of
merit. Section 7, Title II of the said Ordinance, states:

“The administration and enforcement of the provisions of this Code
including the imposition of penalties for administrative violations
thereof is hereby vested in Building Official of the City of Naga.”

Taking into account the foregoing provision, respondent, not being
the public officer mentioned to enforce the Local Building Code, has no
basis to implement said building ordinance. As he did, respondent
demonstrated his abusive manner.

We come now to the arrest and detention of the complainant. Again,
respondent justifies the same by invoking City Ordinance No. 93-088,
specifically Section 1 thereof. Said section authorizes any member of
the Philippine National Police stationed in Naga City and the twenty
seven (27) Punong Barangays thereat to apprehend at site and detain for
six (6) hours in the city jail any person caught in the act of
supervising and and/or performing construction works of any type of
structure on both public and private properties without an approved
building permit. Nowhere in the mentioned provision of the Ordinance is
respondent clothed with authority to order the arrest and detention of
any person, in this case, the complainant.

Respondent’s defense that there is nothing irregular when he ordered
the arrest and detention of the complainant since the latter’s
construction is illegal, is untenable. As a public officer, respondent
has a sacred duty to observe the rule of law. The foregoing factual
setting shows a wanton disregard of the rule of law on the part of the
respondent which is tantamount to abuse of authority and oppression.

WHEREFORE, as recommended by DILG as Investigating Authority, Naga
City sangguniang panlungsod member Fiel L. Rosales is hereby suspended
from office for six (6) months without pay for abuse of authority and
oppression immediately upon receipt hereof.

The DILG is hereby directed to execute and implement this Order with dispatch

Adopted: 19 July 2000

BY THE PRESIDENT

(SGD.) RONALDO B. ZAMORA
Executive Secretary