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Oriental Negros Sanggunian acknowledged the role of the Provincial Legal Office,
during its recent preliminary hearing on the reappointment of beleaguered PAO
chief Erwin Vergara. This was after Board Member Marcelo Adanza (3rd district)
claimed that a provincial attorney could make or unmake a local government unit.
Adanza cited an expropriation case in Zamboanguita town while he was still mayor
in 1999, where the municipality was directed to pay P2.6 million, instead of P400,000,
due to what he said was the failure of the PAO to file the necessary pleadings
with the Court of Appeals within the prescribed period. Vergara, however,
insisted it was not his fault, stressing that when the case reached the CA, he
had already withdrawn as counsel for the municipality because of the distrust
of the mayor, as they did not belong to the same political camp. He pointed
out that the CA justices who penned the decision were aware of the value of the
land in Zamboanguita because they came from the province. The justices,
identified by Vergara only through their surnames, were Justice Bato who is from
Dauin and Justice Abarientos, a former Regional Trial Court judge in Bais City.
The expropriation case involved the property of former Zamboanguita Mayor
Dionesio Eltanal and other lot owners, which were traversed by the Malatapay Road.
The RTC ordered the municipality to pay P148 per square meter or P400,000.
When raised to the CA, the decision was for Zamboanguita to pay P1,500 per square
meter, or P2.6 million, records showed. Adanza admitted there was little
time for the replacement counsel to file a motion for reconsideration before the
CA, and that, he was not aware if the replacement counsel also filed a motion
to extend the deadline in filing the answer. On the other hand, Bacong
Mayor Lenin Alviola submitted to the provincial council documents supporting Adanza's
objection to the reappointment of Vergara. But Vergara also found an ally
in Mayor Rodrigo Alanano of Dauin who thanked the provincial attorney for defending
him in at least a dozen cases, without losing a single case for his town.
Vergara in turn assured Alanano of his continued support if reappointed.*JG back
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