By Mortz C. Ortigoza
The problem with opinion writers
in Pangasinan: They know how to write in English but are ignorant about the rules
and laws that govern the issue they espoused. The same too with the radio commentators
who opined on issue that they have bereft knowledge to it.
For example: They kept repeating for several months now that after the opposition majority councilors in the second class city’s Dagupan slashed from P1.3 billion to P864.9 million the annual budget this year of the beleaguered administration of Mayor Belen T. Fernandez, the city reeled now to the status of a third class municipality. How can Dagupond – a play of word of the city that is always drowned by flood and high tide – became a third class town when the annual appropriation budget of that type of local government unit (LGU) can be compared to Urbiztondo, Pangasinan. The town has a P216 million budget this year according to its mayor when I met him early this year.
 |
An example of a third class city
in the country was San Carlos City, Pangasinan in year 2020. It had an annual
budget of ₱ 941.4 million. A
fourth class city in year 2020 was Alaminos City, Pangasinan because of her annual
budget of
P703.1 million.
Those third and fourth class cities should be in
the league of Dagupan and not of Urbiztondo. Susmariosep! That’s a far fetch comparison that could put a smirk on the face of a Grade 7 pupil of the Mababang Paaralan ng San Andres Bukid (Lower School of Saint Andrew's Field - according to DWPR Broadcasters Harold Barcelona and Sammy Llusala). Those writers and
commentators - not Harold and Sammy - should read the manual of the Department of Finance that
classifies the ranks of LGUs in the country.
***
When the ignorant administration
of Mayor Fernandez kept refiling through a proposed law the increase of the
salaries and promotions of its employees, the lawmaking body –governed by the
critical majority opposition councilors- kept rejecting the proposal. When the
Mayor assailed the adamant solons, the same media men – without using critical
thinking – echoed son of a gun her
sentiments.
They did not know that as long as
an LGU runs under a reenacted budget like Dagupan City, the Local Government
Code (LGC) prohibits it to promote and increase the salaries of its workers.
As what a jurisprudence says: There will be no creation of positions, no filling of positions, no new
programs, projects and no activities in relation to what Section 323 (Failure to
Enact the Annual Appropriations) of the
Local Government Code (LGC) provides.
***
Look how they maliciously savaged Pangasinan
Governor Ramon “Monmon” Guico, III when he filed a leave of absence for a trip
abroad in June 26 and came back in July 5. The last date was disclosed to me by
Provincial Administrator Eli Patague when I bumped into him after the State of
the Municipality Address (SOMA) of the gorgeous Bayambang Mayor Mary Clare
Judith Phyllis “Niña” Jose-Quiambao in the first class town dubbed as the 5th
Capital of the Revolutionary Philippines Republic.
They raised hell on the accountability
of the successors in acting capacity of Guico and Vice Governor Mark Ronald
Lambino – who also went for a leave of absence - in case something big happened in the provincial
government.
Before I delve how shallow and
ignorant on the dynamics of the Temporary Vacancy in the Office of the Chief
Executive these members of the fourth estate, please remember that after the
duo left their offices their posts were assumed by Board Member Sheila Baniqued as
acting Governor and BM Chinky Perez-Tababa as Vice Governor. When BM Baniqued
applied for leave of absence, Tababa became the acting Guv while BM Noel Bince
became the Vice Guv.
Baniqued, Tababa and Bince became
the top two executives to assume office because of the provision: “…ranking in the Sanggunian shall be
determined on the basis of the proportion of votes obtained by each winning
candidate to the total number of registered voters in each district in the
immediately preceding local election (Paragraph D, Section 44 of the LGC).
These muckraking media men
questioned who would be the accountable officer if something big and bad
happened in the Capitol because of the “whimsical” leave of absence of Guico
and Lambino that triggered the series of succession from the members of the SP.
Let’s cite here a man made hypothetical catastrophe where Mr. Provincial Guard XYZ threw the still lighted
butt of his cigarette that caught fire on one of the curtains of the governor’s
office in the Capitol. The fire swelled and gutted the whole capitol building.
The negligence of the guard ensued during the acting capacity of BM Tababa.
Would BM Tababa be accountable in
the name of Command Responsibility on the incompetence of Guard XYZ?
We have to define what command responsibility.
According to a Philippines statute: Any government official or superior shall
be responsible for the crimes or offenses committed by their subordinates in
relation to their function or office if the official or superior HAS KNOWLEDGE that a crime will be committed or has been committed.
If BM Tababa has no knowledge on
the patent negligence of the guard, then the latter should be civilly liable
and his agency on the damages done based on the principal –agent relationship.
If he intended to burn it, then the Republic sues him with Arson under the
Revised Penal Code of the Philippines and he goes to the slammer with the up to
a life time (reclusion perpetua) jail sentence.
The conflagration of the edifice
had nothing to do too with Guico having an official travel abroad, in case some
reporters and nemesis wanted to blame him, too!
How about the rap that this
whimsical “avalanche” of temporary successions has no official turn over or transfer of power from
the outgoing official?
Here’s the law whether the
power-that-be who left for abroad did not designate his successor:
“When the
governor … 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 … or the highest ranking Sangguniang …
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 (Parag (a) Section 46
LGC)”.
“In the event, however, that the local chief
executive concerned (governor for example – emphasis mine) fails or refuses to
issue such authorization, the vice-governor … or the highest ranking
Sangguniang…, 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…(Parag (d) Section 46 LGC).
So that’s how temporary position
is smoothly made after Congress –where countless of intelligent lawmakers
debated for months before they hammered the law for finality – legislate Republic Act 7160 otherwise known
as The Local Government Code of 1991.
In 17 words this I could say to
the charivari of these media practitioners: There
is a legal mechanic that governed it (temporary vacancy) so it could not result
to anarchy, you Clowns!
READ MY OTHER BLOG:
MORTZ C. ORTIGOZA
I am a twenty years seasoned Op-Ed Political Writer in various newspapers and Blogger exposing government corruptions, public officials idiocy and hypocrisies, and analyzing local and international issues. I have a master’s degree in Public Administration and professional government eligibility. I taught for a decade Political Science and Economics in universities in Metro Manila and cities of Urdaneta, Pangasinan and Dagupan. Follow me on Twitter @totoMortz or email me at totomortz@yahoo.com.
No comments:
Post a Comment