AMID TALKS OF an impending “transfer to another position deemed free from any conflict of interest,” Baguio City Mayor Benjamin Magalong wasted no time by resigning as Independent Commission for Infrastructure special adviser days after being appointed by President Ferdinand Marcos Jr.
“The Palace’s pronouncements concerning my designation, which run contrary to the terms of my appointment, undermined the role and mandate entrusted to me,” reads part of Magalong’s resignation letter dated September 26.

“Combined with circumstances that already cast doubt on the independence of the Independent Commission for Infrastructure, it has become clear that my continued service is no longer tenable,” he added.
The resignation letter is “effective immediately.”
SHADOWING DIZON
Interestingly, the role relegated to Magalong is far from the position of an adviser as stipulated in the appointment letter to the ICI, a special body initially tasked to dig deep into the anomalous flood control projects.
Taking cue from the photographs published in various news outlets, Magalong looked more of a bodyguard shadowing Department of Public Works and Highways (DPWH) Secretary Vince Dizon in inspecting public infrastructure projects across the country.
Aside from being an ICI special adviser, Palace Press Officer Claire Castro claimed that the tedious task relegated to Magalong has been eating so much of his time, hence affecting his mandate as city mayor.

“Nadinig po din natin ang kagalang-galang na Mayor Magalong na nauubusan na yata siya or busy siya or kinukulang na ang oras niya sa Baguio City dahil busy siya sa ICI,” Castro told reporters in a Palace press briefing.
ONE STEP AHEAD
Prior to his resignation, Palace Press Officer Claire Castro said that the President directed his legal team to study the implications of Magalong’s concurrent role as ICI special adviser.
Castro however kept mum over issues embarking on an allegedly anomalous tennis court project in Baguio City, linked to the St. Gerrard property owned by the controversial Discaya family.

The Palace official also clarified that Magalong was appointed by Marcos solely as special adviser to the ICI and not as its lead investigator or member.
Hence, the former police officer, who gained prominence in the botched Mamasapano operation that killed 44 police Special Action Force troopers in 2015, holds no investigative powers over the Philippine National Police (PNP) or the Criminal Investigation and Detection Group (CIDG).
PNP is under the direct supervision of the Department of the Interior and Local Government (DILG).
CONFLICT OF INTEREST
According to Labor coalition chair and Federation of Free Workers president Sonny Matula, Magalong cannot assume two government positions simultaneously.
“To insist on wearing two hats — as mayor and investigator — risks making the probe look like a half-hearted initiative, good in form but weak in substance,” Matula was quoted as saying.
The militant labor advocate particularly cited Section 7, Article IX-B of the 1987 Constitution, which prohibits elective officials from being appointed to any public office during their tenure, unless allowed by law or required by the primary functions of their position.