ANGELES CITY – “We won’t let it happen.”
This was the reaction of Councilor Willie Rivera to Balibago Barangay Captain Rodelio “Tony” Mamac’s claim that the disapproval of two of his barangay ordinances, especially the establishment of a 2nd social hygiene clinic, would trigger the spread of HIV/AIDS/STD in this city.
In a telephone interview, Rivera said the head of the Reproductive Health and Wellness Center (RHWC) and the Angeles City AIDS Council (ACAC) will handle prevention efforts in combating the dreaded disease and other sexually transmitted infections.
“As the primary author of the AIDS prevention ordinance, I am confident that the RHWC and the ACAC will do everything to prevent the spread of HIV,” he said.
Rivera also backed RHWC Head Dr. Teresita Esguerra’s claim that the government-operated clinic could handle 800 to 1,200 patients a day and not 600 as reported by Mamac.
Entertainers working in various entertainment establishments in the city are required to undergo smear tests every week at the RHWC in Balibago.
Mamac earlier said RHWC could only accommodate at least 600 persons per day, a total of 3,000 patients a week. “So where do the 7,000 other entertainers go?”
However, Rivera stressed that they did not disapproved the establishment of a barangay-based social hygiene clinic and a birthing home, but “the ordinance per se which is illegal.”
He said that there are provisions in the ordinance that are ultra vires, which includes the creation of a foundation and a trust fund where the income of the clinic would be placed.
“There was even a Commission on Audit circular prohibiting the creation of a trust fund and the establishment of a foundation run by the same elected officials in the barangay,” he said.
Based on the legal opinion from the city legal office, it said that the foundation may not be created by a Barangay ordinance. “Its creation is governed by general laws and subject to the procedures and policies under the Securities and Exchange Commission.”
In the same letter, Atty. Reymon E. Fabros, city legal officer, said that they see a potential conflict of interest in the creation of a foundation based on the composition of the board of trustees which are mostly elected barangay officials.
On the other hand, Rivera said the recommendations of the committee on rules and laws have legal basis.
The report said “Barangay Balibago has no power, under Section 391, Republic Act 7160 or the Local Government Code, to grant juridical personality of a Foundation.”
“Barangay officials must not be founders and members of the foundation of which will perform the duties of the government. It is in conflict with their oath to protect the general welfare of the inhabitants,” it said.
The findings also added that the proceeds of a government facility can not be transferred to a foundation; this is a contract disadvantageous to the government, therefore, illegal.”
This was the reaction of Councilor Willie Rivera to Balibago Barangay Captain Rodelio “Tony” Mamac’s claim that the disapproval of two of his barangay ordinances, especially the establishment of a 2nd social hygiene clinic, would trigger the spread of HIV/AIDS/STD in this city.
In a telephone interview, Rivera said the head of the Reproductive Health and Wellness Center (RHWC) and the Angeles City AIDS Council (ACAC) will handle prevention efforts in combating the dreaded disease and other sexually transmitted infections.
“As the primary author of the AIDS prevention ordinance, I am confident that the RHWC and the ACAC will do everything to prevent the spread of HIV,” he said.
Rivera also backed RHWC Head Dr. Teresita Esguerra’s claim that the government-operated clinic could handle 800 to 1,200 patients a day and not 600 as reported by Mamac.
Entertainers working in various entertainment establishments in the city are required to undergo smear tests every week at the RHWC in Balibago.
Mamac earlier said RHWC could only accommodate at least 600 persons per day, a total of 3,000 patients a week. “So where do the 7,000 other entertainers go?”
However, Rivera stressed that they did not disapproved the establishment of a barangay-based social hygiene clinic and a birthing home, but “the ordinance per se which is illegal.”
He said that there are provisions in the ordinance that are ultra vires, which includes the creation of a foundation and a trust fund where the income of the clinic would be placed.
“There was even a Commission on Audit circular prohibiting the creation of a trust fund and the establishment of a foundation run by the same elected officials in the barangay,” he said.
Based on the legal opinion from the city legal office, it said that the foundation may not be created by a Barangay ordinance. “Its creation is governed by general laws and subject to the procedures and policies under the Securities and Exchange Commission.”
In the same letter, Atty. Reymon E. Fabros, city legal officer, said that they see a potential conflict of interest in the creation of a foundation based on the composition of the board of trustees which are mostly elected barangay officials.
On the other hand, Rivera said the recommendations of the committee on rules and laws have legal basis.
The report said “Barangay Balibago has no power, under Section 391, Republic Act 7160 or the Local Government Code, to grant juridical personality of a Foundation.”
“Barangay officials must not be founders and members of the foundation of which will perform the duties of the government. It is in conflict with their oath to protect the general welfare of the inhabitants,” it said.
The findings also added that the proceeds of a government facility can not be transferred to a foundation; this is a contract disadvantageous to the government, therefore, illegal.”
