The Sangguniang Bayan (SB) of Ubay has cited Kevin Damalerio, a top aide of the Capitol, as persona non grata, for exposing through his Facebook post the malfeasance allegedly committed by the Local Government Unit (LGU) of Ubay in handling the relief food packs delivered to their town.
According to Vice Mayor Victor Bonghanoy of Ubay in an interview, the SB has unanimously approved the resolution declaring Damalerio a persona non grata in the Municipality of Ubay.
The Vice Mayor cited the post of Damalerio as the ground for the declaration. He also said that Damalerio’s post humiliated the LGU of Ubay in the eyes of the public and netizens all over the world.
Vice Mayor Bonghanoy belied the allegations of Damalerio that LGU- Ubay has not distributed to the benificiaries, the relief food packs from the Provincial Government of Bohol (PGBh).
Earlier, the Municipal Public Information Officer (MPIO) of Ubay, Larry Evangelista, also released a statement refuting the allegations posted by Damalerio.
However, Damalerio in a statement released to The Bohol Tribune last week said that he is doubtful on the explanation presented by the MPIO citing the inconsistencies on the latter’s statement and Cong. Erico Aristotle Aumentado’s statement during his interview with conducted by a local radio station.
We reached out to Damalerio for his comment on the declaration of the SB of Ubay that he is persona non grate in the town. Damalerio said: “The persona non grata issue is clearly a part of the Oplan Save The King of Aris’ Camp.”
He added, “The issue is just simple, yet they have not answered it at all. My challenge still stands: Compel LGU Ubay to release the [list] of the names of the beneficiaries who have received the food packs from the Provincial Government, if, indeed, they have distributed the said food packs. If they so oblige, we will request the media to verify if indeed these people have received the food packs and as to when they have received such food packs.”
Damalerio continued by saying: “Tungod kay dili sila kapagawas sa listahan ug dili katubag ug tarong sa issue, mao ng nanimawos ni sila nga ilang gi declare ko as persona non grata. Ang tumoy sa pisi niining tanan mao man si “Congressman”. The issue hurts the “Congressman’s” political chances. Mao bitaw nagpasa nalang sila ug resolution kay gusto nila maprotektahan si “Congressman” kalabot sa issue ug aron matabunan ang mas dako nga issue kabahin sa ilang pagpamulitika ug wala pagpanghatag sa food packs sa katawhan mao na nga nadaut nalang ug gipabay nalang sa ilang dumpsite.”
He further said, “Kaning SB pud nila sa Ubay, mas paspas pa naka approve ug resolution sa persona non grata nako kontra sa pagtabang sa ilang katawhan pinaagi sa pagpangita ug pundo aron man lang mahatagan ug pagkaon ang ilang katawhan.”
Damalerio stated, “Akong pangutana, tinuod ba nga ang inyong calamity fund inyong gipalit ug sakyanan mao nga naglisod mo ug responde sa kalamidad? If it’s true, how am I wrong sa akong gipost?”
“So, unsa may naa kung gideclare ko nila ug persona non grata? The liberty of abode and right to travel is my constitutional right. They cannot restrict that. Clearly, these so called “honorables” do not know the law. Naa bay epekto ang persona non grata? Wala,” Damalerio said.
WHAT IS PERSONA NON GRATA
Persona non grata is a Latin phrase meaning “unwelcome person”, according to the Oxford dictionary. As a legal term, it refers to the practice of a state prohibiting a diplomat from entering the country as a diplomat, or censuring a diplomat already a resident in the country for conduct unbecoming of the status of a diplomat, according to Wikipedia.
Persona non grata declarations by local legislative bodies have been common in the past few years, based on information gathered by The Bohol Tribune from the book of RA Hernaez entitled Role Confusion-Philippine Legal.
“The practice of local legislative assemblies to issue persona non grata declarations has no basis in any national law or even in our Constitution. A persona non grata declaration is used in diplomacy when a receiving state considers any member of a diplomatic mission of a sending state as not acceptable. This privilege is provided by the Vienna Convention on Diplomatic Relations,” Hernaez in his book said.
“It is clear that such privilege only applies to the receiving state and in situations related to diplomacy,” the author of the book added.
“While the Vienna Convention on Diplomatic Relations talks about
diplomats with regards to a persona non grata declaration, the Philippine
Immigration Act of 1940 talks about foreigners with respect to exclusion or non-acceptance,”‘Hernaez wrote in his book.
“The impairment of the right to enter our national territory based on undesirability has specific grounds set out in the said immigration law. The law only applies to foreigners and with respect to their entry to our country. The law does not empower local officials to regulate the entry of Filipinos in their respective territories. The liberty of abode is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will. The right to travel is the right of a person to go where he pleases, without interference from any source. These rights are closely connected. A person could not have one without the other. One cannot have the liberty of abode without the right to travel and vice versa,” the book explains.
Article III, Section 6 of the Constitution states: “The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”
“Clearly, the liberty of abode cannot be restricted except upon a lawful order of a court. The right to travel cannot be restricted except in exclusively and specific grounds of national security, public safety, and public health. Some people would argue that the determining phrase is the last part, “as may be provided by law,” Hernaez’s book said.
“Some people are saying that the word “law” in that phrase could be a local law such as resolutions or ordinances passed by local legislative bodies. However, the fundamental jurisprudence of our constitutional law dictates that the word ‘law’” in the phrase ‘as may be provided by law’ strictly means a law passed by Congress unless provided otherwise. The Constitution has several of these phrases and these are meant for Congress to pass a law for the respective provisions to take effect,” Hernaez wrote.
DAMALERIO CHIDES THE BOHOL CHRONICLE/DYRD: MAIN
PROPAGANDA ARM OF AUMENTADO
Damalerio lambasted the media outlet DYRD/The Bohol Chronicle for being one-sided.
He claims:“Kaning DYRD ug Bohol Chronicle, duha nani sila kahigayon naghisgot ug issue mahitungod nako sa ilang sibyaanan ug sa ilang social media page, pero never ni sila nanawag nako aron kuhaon ang akong habig. Unsa kahay ilang gikahadlokan?”
He added, “Naunsa naman mo DYRD, nahimo naman mong number 1 Marites? Ayaw ipaklaro ang inyong bias. Legit nga media pa ba mo? Nahimo na hinuon mo ug Propaganda Arm ni Mr. Aumentado.”
He further said, “Gichallenge ko ninyo nga ipagawas ang pangalan sa Kapitan nga akong gikahinabi? Ngano man? Aron patyon sa kaatbang?”
“Mao bitaw nadasig ug lansar na si Konsehal Joan Abad pagka Mayor sa Ubay kay ang iyang amahan nga opposition leader sa maong lungsod, gipatay sa mga kaatbang. So tell me, angayan ba nakong panganlan ang kapitan?”, Damalerio revealed.
Damalerio added, “Ang importante niining tanan, angayan masuta ang kamatuoran. Nganong dili man katubag ang LGU- Ubay ug si Congressman sa issue? Kung maningog man gani pud ni sila lahi-lahi pud ug version. Their truth does not mean, it is the whole truth and nothing but the truth. It could be that they wanted the people to believe in what they say as the truth para dili madamay ilang gidapigan nga politiko. So kinsay alaut niini sa tumoy? Ang katawhan sa Ubay rapud. Dili man ko taga Ubay, igo lang ko nisulti sa kamatuoran base sa akong nakit-an didto. Karon kung
nasakitan sila kay nagpost ko, bahala na sila ana.”