Sunday, September 20, 2026

The Attack Dogs are Wrong, Guv Monmon was Right

By Mortz C. Ortigoza, MPA

THE trolls cum attack dogs are all sound and fury against Pangasinan Gov. Monmon Guico because they don’t know the law when they vilified him. The Governor required the mayors in the 44 towns and three cities province – in his Executive Order No. 0084 Series of 2026 -- to submit to his office at the Capitol in Lingayen after three days of implementation their executive orders for him to review them.


This ensure that such executive orders are within the powers granted by law and in conformity with provincial, city, or municipal ordinances. Not ultra vires as lawyers call them.

Here were some of their rants hiding in ghost accounts circulating at the social media particularly Facebook:

“Nihalal ka ng mga kababayan mo para maglingkod, pero bawat kilos at Executive Order mo, kailangang payagan muna sa Kapitolyo?”

“Ang bagong Executive Order ng Provincial Government of Pangasinan ay muling nagbubukas ng isang mahalagang tanong: Hanggang saan ang kapangyarihan ng isang gobernador sa mga bayan na may sarili namang mandato, pamahalaan, at local autonomy? Hindi dapat maging instrumento ang isang provincial issuance upang unti-unting lumiit ang espasyo ng mga Mayor na gampanan ang kanilang sariling mandato. Ang mga bayan ay hindi simpleng extensions ng Provincial Capitol. Sila ay mga local government units na may sariling powers and responsibilities na kinikilala ng batas”.

    Wala kayong mga alam, magbasa kayo ng mga batas!

THEY’RE DEAD WRONG!

The Local Government Code (LGC) backed up Governor Guico on his decision to review all executive’s orders of these LGUs because it is part of his quasi-judicial function. Here’s Section 30 of the LGC:

Review of Executive Orders. – (a) … (T)he governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction…”.

Section 444 (1) (xii): “Furnish copies of executive orders issued by him to the provincial governor within seventy-two (72) hours after their issuance: …”

Failure to follow this order courts an administrative case of abuse of authority, gross negligence, and others where a mayor could be suspended in office.

QUASI-JUDICIAL FUNCTION

In my conversation in August 2025 with Vice Governor Mark Lambino that saw print, too, in my blog, he told me that aside from the governor, the provincial lawmakers the LGC called members of the sangguniang panlalawigan have the power to review the executive orders of the Hizzoners in the huge province.

He said that if they see that an executive order is outside the bounds of the law, they will write a letter to the governor.

 “If we see that it is contrary [to law], we will send a letter to the executive, to Gov, and he is the one who will say whether it is needed or not.”

The Supreme Court stated that the Sangguniang Panlalawigan's disapproval—through a review of a municipal or component city resolution and ordinance because it is ultra vires (beyond the powers of the elective officials)—is part of their quasi-judicial function.

The High Court added that if the mayors do not agree with the decision of the governor and the Sangguniang Panlalawigan, they can elevate it to the higher court through a Writ of Certiorari.

A writ of certiorari is a legal order “from a higher court to a lower court (Sangguniang Panlalawigan or Office of the Governor) directing the lower court to send up the records of a case for review.”

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