Bzzzzz: Joy Pesquera not covered by ban on appointment of poll losers

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Consultants and casuals

“If there is a ban on appointing to an office in the government anyone who lost in the last election, why are there losers who are now holding positions at Cebu City Hall?”

That question was raised to Bzzzzz by a City Hall employee who requested that her name be withheld. She mentioned one person who, she said, ran for Congress in the 2019 election and lost but now heads the city’s tourism office. Obviously, she referred to former city councilor Jocelyn “Joy” Pesquera who was a candidate for House member in the south district and lost to Rep. Bebot Abellanosa. Her Facebook account says she is chairperson of the Cebu City Tourism Commission (CCTC).

She and others similarly situated are not covered by the one-year ban, if one relies on the resolution of the Civil Service Commission (Res-02-0012).

The prohibition against the appointment of a person who lost in the election within a period of one year from the said election covers “any government office” but does not apply to (a) consultants, (b) casuals or appointees covered by a job-order, and (c) those who lost in barangay elections.

The ban is provided by the Constitution (Art. 9, Section 6) and the Local Government Code (Section 94 [b]). The LGC contains the exception about barangay election candidates while the CSC interpreted the exception for consultants and casuals. The rationale is that the losers who are consultants and casuals don’t serve directly the voters who rejected them at the polls. You may not agree with the reasoning but it is what the CSC says it is and the practice has been going on for some time already.

Joy Pesquera’s appointment must be as consultant or casual. If you ask whether the position of a head of unit, if not department, at City Hall such as the CCTC can be filled by a consultant or casual that has not been answered yet by authorities.

‘Feeling mayor’

Vice Mayor Mike Rama Thursday (Feb. 20) explained his various activities that involve executive functions. He said in a dyCM interview that he is not just vice mayor, he is also presiding officer of the City Council and chairman of the committee, and as a former mayor.

He steers the legislative program of the Labella-Rama administration and takes part in tasks of the executive department out of concern for the success of administration goals. Plus he can’t shake off the feeling and inertia of the mayor’s job which he did for two terms, in 2010 and 2013.

Don’t blame Mike for feeling and acting like a mayor sometimes. “Ikaw mag-feeling mayor, lalim ba?” asked a broadcaster who sounded like Eric S. Manait.


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