RESOLUTION NO. 2024-0681 (Sponsor: Honorable Ma. Alicia Elena V. Ariosa) "A RESOLUTION OFFICIALLY WITHDRAWING RESOLUTION NO. 2024-0657 OF THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY, ENTITLED: "A RESOLUTION EARNESTLY REQUESTING THE PHILIPPINE AIRLINES (PAL) AND THE BUREAU OF IMMIGRATION (BI) FOR COPIES OF OFFICIAL RECORDS PERTAINING TO THE TRAVELS ABROAD OF HON. MA. ALICIA ELENA V. ARIOSA FOR THE PERIOD JULY 1, 2022 UP TO THE PRESENT, REGARDLESS OF THE PLACE OF TRAVEL FOR THE SANGGUNIANG PANLUNGSOD'S INFORMATION, IN AID OF LEGISLATION," PURPOSELY FOR THE CONDUCT OF FURTHER VERIFICATION WITH RESPECT TO THE LEGALITY AND/OR LEGITIMACY OF THE ALLEGED COMPLAINT IN RELATION WITH THE MANDATE OF THE LAW" WHEREAS, the Sangguniang Panlungsod (14th City Council), during its 68th Regular Session held last 06 March 2023, enacted, by majority vote, Resolution No. 2024-0657 which, in gist, requested the Philippine Airlines (PAL) and the Bureau of Immigration (BI) for copies of Official Records pertaining to the travels abroad of Hon. Ma. Alicia Elena V. Ariosa for the period July 1, 2022 up to the present, regardless of the place of travel for the Sangguniang Panlungsod's information, In aid of legislation; WHEREAS, upon careful perusal and evaluation, the body, in support of the legal arguments presented by Honorable Ma. Alicia Elena V. Ariosa where she categorically invoked her Constitutional right to due process of the law which essentially provides that the individual's right--whether public official or private person--to be informed and be apprised on all circumstances surrounding the alleged complaint shall not, at all times, be violated nor shall one's privacy be invaded, finds it legally reasonable to withdraw Resolution No. 2024-0657 and renders the same invalid; NOW THEREFORE on seconded motion of Honorable Ma. Alicia Elena V. Ariosa, be it RESOLVED to officially withdraw, as this body withdraws Resolution No. 2024-0657 of the Sangguniang Panlungsod of Pagadian City, entitled: "A Resolution Earnestly Requesting the Philippine Airlines (PAL) and the Bureau of Immigration (BI) for Copies of Official Records Pertaining to the Travels Abroad of Hon. Ma. Alicia Elena V. Ariosa for the Period July 1, 2022 up to the Present, Regardless of the Place of Travel for the Sangguniang Panlungsod's Information, In Aid of Legislation," purposely for the conduct of further verification with respect to the legality and/or legitimacy of the alleged complaint in relation with the mandate of the law, based on the following grounds, to wit: That the travels abroad incurred by Hon. Ma. Alicia Elena V. Ariosa are in line with her profession as Flight Attendant even prior to her entry to government service and are in accordance with the existing rules of the Department of the Interior and Local Government (DILG), therefore, travel authority is thereby sought and applied; That the subject Resolution was enacted based on an anonymous complaint and not verified as required by the Local Government Code of 1991 which is suppletory applicable to the issue at hand, where the right to confront the complainant in a hearing called for the purpose by the committee and the right to be informed of the nature and cause of the accusation and the exact violation allegedly committed as well as the evidences, if there were any, being part of the due process as mandated by the Constitution were not strictly adhered to; That the afore-mentioned Resolution is a clear "Fishing Expedition" and a possible violation of the Data Privacy Act of 2012; That the issue lies on whether there is an adherence to the DILG guidelines on seeking authorization to travel, the details of the travel should not be disclosed unless there is a court order in an appropriate case filed by the complainant; That the resolution is "politically motivated" as it was filed by no less than the daughter of the incumbent Mayor who is trying to destroy me for the case, I have filed against him before the Office of the Ombudsman; and Finally, if my political opponents have any evidence against me, the legal course to take is to file a case against me before the appropriate body and present their witness and evidence. But to fish for evidence by asking PAL and BID to provide personal information of my travel logs without a court order is a gross violation of my constitutional and legal rights that should not be allowed in our country. RESOLVED FURTHER, to let copies of this Resolution be furnished the DILG National Office through its Legal Department, DILG NAPOLCOM Center, EDSA corner Quezon Avenue, Quezon City; the Philippine Airline (PAL) through its Legal Affairs Division; to the Bureau of Immigration (BI) through its Legal Division; to Provincial Director Mohammad Taha S. Arakama, DILG-Zamboanga del Sur Provincial Office, Dao, Pagadian City; to the Honorable City Mayor; to the Honorable Vice Mayor; and to Ms. Maribel C. Estoquia, CLGOO-Pagadian Office, this city, for their information, guidance and/or appropriate action. APPROVED UNANIMOUSLY. I HEREBY CERTIFY to the correctness of the foregoing resolution. BALDOMERO FERNANDEZ City Vice Mayor/Presiding Officer Verified: JESUS B. BAJAMUNDE, JR. SP Member/Floor Leader Attested: ELKID P. NACUA Secretary to the Sangguniang Panlungsod