City hall reviewing Dahino’s ordinance

By NITZ ARANCON
and JOEY NACALABAN
Correspondents .

MAYOR Oscar Moreno over the weekend said city hall’s lawyers were reviewing a new city ordinance that authorizes the police and social workers in the city to confront adults with children on the basis of “reasonable genuine suspicion” of child trafficking.

The ordinance, authored by Councilor Edna Dahino, was unanimously approved by the city council on Monday.

“Child trafficking is a pernicious and barbaric crime, and there is, indeed, a need to sufficiently arm our social workers and enforcers with the legal tool to combat it,” said Moreno of Dahino’s ordinance.

But Moreno added: “Of course, everything has to be within constitutional and legal boundaries.”

Moreno said he has yet to receive the results of the City Legal Office’s review of City Ordinance 2018-18 that was approved by councilors Dahino, Romeo Calizo, Leon Gan, Lordan Suan, Yam Lam Lim, Dometilo Acenas, George Goking, Jay Pascual, Ian Mark Nacaya, Suzette Daba, Annie Daba, Reuben Daba, Teodulfo Lao Jr. and Maria Lourdes Gaane.

Moreno said, “I assume, and hope, that in the city council’s deliberations, our lawyers have been consulted.”

The Dahino ordinance has become the butt of a joke among some lawyers in the city and it has turned the city council, to some extent, into a laughing stock because of the vagueness of the “reasonable genuine suspicion” phrase.

Even Councilor Gan, one of those who voted for the approval of the controversial ordinance, found it a bit funny. Gan is a lawyer by profession.

A text message Gan sent to this paper reads: “Hehehe. Lisud na, si Inday Dahino interviewha.”

Gan did not explain why he voted in favor of the ordinance. But before the city council approved it a week ago, Gan succeeded in having it amended.

There were provisions in it that he succeeded in changing like the one that provides penalties against parents who allow their children to leave the house without adult companions. Another is a provision that requires adults accompanying minors to bring documents to show they are not engaged in child trafficking.

“Dawbi kon ang minor de edad milakaw nga wala magpahibalo sa iyang parents kay milayas gikan sa ilaha, unsay man nimo tong ginikanan?” Gan asked rhetorically.

Former vice mayor Antonio Soriano, another lawyer, said Mayor Moreno could use his veto powers or have the ordinance thoroughly reviewed first by city hall’s lawyers.

Soriano said a group of lawyers laughed when they learned about the Dahino ordinance.

Soriano said it was the first time in his career as a lawyer to encounter the phrase “reasonable genuine suspicion.”

“Walay words ana. So wala gyud na,” he said.

Soriano cautioned against the implementation of the Dahino ordinance, saying it could be misused.

“Daghan palusot ang mahitabo,” he said.

While the new ordinance can be fully implemented, Soriano said cases arising from it would likely end up being trashed by the courts.

“Na-a may national law, so mo-prevail gyud ang national law kay gi-define na man didto ang violations on child trafficking,” Soriano said.

Mayor Moreno, for his part, said, “Offhand, I would opine that the phrase ‘reasonable genuine suspicion’ has a higher threshold than mere ‘reasonable suspicion.’ If the latter term can already provide sufficient basis, if not duty, for governmental intervention, I would add that all the more so with the former phrase. What is important is that appropriate legal trainings are provided to social workers and law enforcers, to ensure that abuses are prevented and checked.”