Mayor-Shuts-Down-Tennis-Court-Gets-Suspended

[Malcolm Graham]

Everyone goes on about corruption but check this report.  Someone must have known someone important

 

http://www.abs-cbnnews.com/nation/regions/08/22/14/mayor-shuts-down-tennis-court-gets-suspended

 

Mayor shuts down tennis court, gets suspended

ABS-CBNnews.com

Posted at 08/22/2014 3:56 PM | Updated as of 08/22/2014 3:56 PM

MANILA - The town mayor of Sibonga, Cebu has been suspended for three months without pay for simple misconduct for closing down a tennis court.

On February 11, 2014, Tito Satera, Nestor Ponce, Fabian Jose Teves, George Chan, Irvin Rizon, Gerson Chan, and Aurelio Amores filed an administrative case against Mayor Lionel Bacaltos.

The complaint was docketed as administrative case for Grave Abuse of Authority.

According to one of the complainants, Gerson Chan, on June 2, 2013, a group of people removed the net at the municipality's tennis court. These individuals only told him that it was the mayor's order to do so.

The complainants, who are members of a local tennis club, argued that there was no notice or public consultation about closure of a public facility, which is against the law.

Chan clamored to have the tennis court reopened and Bacaltos agreed, with the condition that the tennis club be manned by his allies.

He then appointed Armistice Uytico and Edward Llanos as club president and vice-president, respectively.

However, members of the tennis club had a conflict with the mayor's appointees, which led to the removal of the net in the tennis court.

The complainants said the net was not even purchased by the municipality, as it was donated by club members.

They said the act of depriving the tennis players who are not allies of the mayor from using the public facility can be considered as abuse of authority.

On April 2, the Office of the Ombudsman asked Bacaltos to file a counter-affidavit and countervailing evidence.

In his counter-affidavit, Bacaltos said he has been receiving complaints that Ponce and Chan, who are members of Sibonga Tennis Club, Inc., were using the tennis court exclusively for their members.

He asked the club president to show proof that they have the right to exclusively use the tennis court, but the club failed.

Bacaltos then ordered the tennis court shut down as he has yet to prepare a program for its use.

He said he decided to reopen the tennis court after the club promised to let others use the facility. He also denied appointing allies as officers of the club, as well as interfering with the affairs of the club.

Bacaltos said he again ordered the closure of the tennis club on June 2013 as they were preparing the facility as a venue for the Department of Education's Provincial Meet.

On May 8, 2014, the Office of the Ombudsman ordered both parties to file their position paper. The complainants reiterated their accusations and said that as taxpayers they have all the right to use a public-owned facility. Bacaltos, however, failed to submit his position paper.

PUBLIC PROPERTY

In an eight-page decision signed June 26 by Graft Investigation and Prosecution officer Maria Corazon Vergara-Naraja and reviewed and signed by the Officer-In-Charge of Evaluation and Investigation Office, Jane Aguilar on July 1, Mayor Lionel Bacaltos of Sibonga, Cebu was found guilty of overstepping the bounds of his authority by closing down a public facility.

According to the Office of the Ombudsman, the tennis court is part of a public plaza, therefore, Bacaltos has no right to remove the net or close the tennis court without notifying the public.

"Respondent exceeded his authority when he caused the closure of a public facility sans any law or rule allowing him to do so," the decision states.

However, the Ombudsman said the respondent's act does not qualify for Grave Abuse of Misconduct.

"He may have overstepped the bounds of his authority as local chief executive but he did not inflict any harm or cruelty to any person. He may, however be held liable for Simple Misconduct," the decision states.

The Ombudsman said that misconduct can be defined as forbidden act, unlawful behavior, a dereliction of duty. A public official is supposed to act with justness and sincerity.

"By whimsically closing down a public facility, respondent performed an act contrary to public interest. He is therefore, administratively liable but only for Simple Misconduct there being no allegation that the act was done with corrupt or malicious intent," the decision states.

Simple misconduct is a lesser grave offense with a punishment of suspension for one month and one day to six months for first offense.

The Office of the Ombudsman, however, finds no aggravating circumstance in committing the offense, so a medium penalty is charged to Bacaltos. -- report from Joworski Alipon, ABS-CBN News Central Vis

 

[Jake]

Hey guys,

 

From my experiences, the game of tennis is anti-social sometimes.  I was a complete stranger when I introduced myself

if I could rally with someone.  Nobody stood up to welcome me -- I was not invited until much later when they heard and

saw me hitting that ball with a vengeance against the wooden wall.  They needed a 4th player but I said no thanks --

didn't want to be part of that click.

 

Yep, it was an old Filipino group hogging one court in a public park in National City, CA.  Perhaps, I should return with a

designer outfit and expensive racket to match their arrogance.  I've gone through a few tennis rackets and my current

stick is a 42 bucks Walmart special all scratched up.  

 

I believe it's the same thing in Sibonga Tennis Club.  Apparently, the senior members have strong connections and will

not invite any joe blow to play in their public court.  It's called the buddy-buddy system and it's alive and well in PI.  

 

Game, set, match......

[Jack Peterson]

I believe it's the same thing in Sibonga Tennis Club.  Apparently, the senior members have strong connections and will not invite any joe blow to play in their public court.  It's called the buddy-buddy system and it's alive and well in PI.     Game, set, match......

 

 

That's Tennis, the world over.

Total Snobbery, as we say, in the UK.  'John McEnroe' would have said " You cannot be serious"  but I am.

 

JP :tiphat:

[JJReyes]

Tennis courts in the Philippines? At most only two or four players can use the court at any given time. The greater need are more basketball courts with ten players. They can also use them for volleyball with twelve players. In addition to social events, you can use the basketball courts to dry palay (unhusked rice) during harvest. Safer than using the national highway for this purpose.

[Americano]

Tennis courts in the Philippines? At most only two or four players can use the court at any given time. The greater need are more basketball courts with ten players. They can also use them for volleyball with twelve players. In addition to social events, you can use the basketball courts to dry palay (unhusked rice) during harvest. Safer than using the national highway for this purpose.

 

When did anyone in the Philippines ever think about being safer?   Driving in the Philippines is like driving on an obstacle course trying to dodge everything in the streets and roads.

[earthdome]

When did anyone in the Philippines ever think about being safer?   Driving in the Philippines is like driving on an obstacle course trying to dodge everything in the streets and roads.

 

I don't get bored when driving in the Philippines. All of the obstacles and potential hazards keeps you alert.

[MikeB]

That and the liability factor.