Item: President Aquino said his allies were not exempt from the law.
"Well, I think. if you read today's papers, you will see that even our allies are being made to account by the Ombudsman under the various court," he said.
Yeah right. If you read today's papers, even newspaper headlines make you believe that indeed such allies "are being made to account by the Ombudsman under the various court".
In a case currently happening in the island-province of Marinduque, some mainstream newspapers even suggested that the incumbent governor who was suspended by the Sandiganbayan for 60 days through an order promulgated on October 8, 2015, "volunteered" to be suspended even as she had in fact filed a motion for reconsideration on October 23, later withdrawn on November 6.
But it seems to be a guessing game now for government officials and employees at the provincial capitol if she, the governor, has really been suspended and if ever the suspension order took effect.
For one, salaries were paid out on the 13th, which means the incumbent governor is still functioning. By the 14th, pictures of her together with the vice-governor receiving a prize for the province in Oriental Mindoro were posted by some participants to the 'Mimaropa Festival'.
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| Suspended governor Carmencita Reyes at the Mimaropa Festival, Oriental Mindoro Nov. 14. Photo credit: Bernadine Opis Mercado |
It will be recalled that the Sandiganbayan has ordered "the suspension pendente lite of Carmencita O. Reyes as Provincial Governor of Marinduque, and from any other position which she may now or hereafter be holding, for a period of sixty (60) days".
So much confusion. Vice-Governor Romulo Bacorro, Jr. who was reportedly the highest ranking official present in last Monday's flag-raising ceremony at the capitol was extremely tight-lipped on the hottest issue of the day. No announcement.
In a facebook account, board member George JT Alino, expected under the Local Government Code to assume the position as Vice-Governor being the highest ranking Sangguniang Panlalawigan member, replied to a follower asking if he has taken charge, thus: "Wala pang natatanggap na order from DILG ho".
According to past issuances from the DILG the vice-governor, or vice-mayor as the case may be shall take an oath and exercise the powers and perform the duties and functions of the local chief executive concerned.
Nonesuch has transpired in this Marinduque case that has gotten curiouser and curiouser with every passing day.
Was there an issuance at all from the DILG that would show that presidential allies "were not exempt from law"?
It could be that there is none at all as transparency is nowhere in the handling of this issue by the agency concerned. The absence of such an issuance could perhaps be gleaned from a reported embarrassment that has just transpired.
The vice-governor in the exercise of his right to assume powers and functions of the local chief executive on the fourth (4th) day of "absence", apparently signed some bank transaction documents as the acting governor - but they were not honored by the relevant bank.
So what further chaos may we expect from this conundrum in the coming days? Another journey to a hundred dramas begins?
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| 'Marinduque gov suspended' is bannered by mainstream media. |
THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
BOOK I
GENERAL PROVISIONS
SECTION 46. Temporary Vacancy in the Office of the Local Chief Executive. - (a) When the governor, city or municipal Mayor, or Punong Barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking Sangguniang Barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
(b) Said temporary incapacity shall terminate upon submission to the appropriate Sanggunian of a written declaration by the local chief executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist.
(c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking Sangguniang Barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in subsection (c) hereof.
(e) Except as provided above, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the vice-governor, the city or municipal vice- Mayor, or the highest ranking Sangguniang Barangay member, as the case may be.
