• GILBERT P. BAYORAN
Negros Occidental Third District Rep. Javier Miguel Benitez has filed a perjury case against Bernard Ferraris, a former mayoral candidate in Victorias City, before the Bacolod City Prosecutor’s Office.
The case came after Ferraris filed charges against Benitez, then city mayor, and 26 others for dishonesty, grave abuse of authority, and graft charges before the Office of the Ombudsman-Visayas.
Ferraris accused Benitez and other respondents of allowing cockfighting arena operations in Victorias City without a franchise.
The others include members of the Sangguniang Panlungsod, several department heads, and barangay officials.
In a statement, Benitez on Friday (Jan. 9) said they have already submitted their counter-affidavits, including all documentary evidences, which indicated that no violation was committed under Section 3 (e) of Republic Act No. 3019, among other charges.
“Beyond bare allegations, the complainant has no witnesses and no evidence to support the claims he had raised,” Benitez said.
Citing a motion for intervention filed by James Francis Anthony Garcia on Oct. 13 last year, Benitez said the complainant has no personal knowledge of the facts he alleged.
Benitez added that Garcia admitted that he was the individual who researched and drafted the complaint, which was subsequently borrowed, modified, and filed by the complainant.
“In view of the false statements made under oath,” the lawmaker said he filed a perjury case against Ferraris.
Citing official records of Victorias City government, Benitez said the cockpit applicant fully complied with all requirements for registration and operation under City Ordinance No. 2023-35 otherwise known as the “Ordinance Regulating the Establishment, Operation, and Maintenance of Cockpits in the City of Victorias”.
He pointed out that there is no existing ordinance or national law requiring a resolution of no objection (RONO) or a franchise for cockpit operations in Victorias City.
Neither the Local Government Code, national laws nor City Ordinance No. 2023-35 impose such a requirement, he added.
Under Sections 447(a)(3)(v) and 458(a)(3)(v) of Republic Act No. 7160, the authority to authorize, regulate, and license the establishment, operation, and maintenance of cockpits is vested in the Sangguniang Panlungsod while the issuance of business permits is vested in the local chief executive.
“The law does not require a franchise, and the term itself does not appear in the relevant statutory provisions governing cockpits,” Benitez said.
He stressed that the requirement for a RONO applies only to businesses regulated by the Philippine Amusement and Gaming Corporation.
As such, the issuance of the mayor’s permit and all related permits was undertaken in full compliance with the Local Government Code and applicable ordinances, including City Ordinance No. 2023-35.
“I’m confident that due process and the rule of law will prevail,” Benitez said. | GB
