MikeLigalig.com

By Bohol Chronicle

It would take a "legal cure" for the "insult and humiliation" to soothe Sangguniang Panlalawigan Senior Member Dionisio Balite, whom Vice-Governor Concepcion Lim proved to be not her choice of substitute.

In a privileged speech during the SP regular session Friday, Balite proved that Lim messed up when she issued a memorandum designating SP Member Cesar Tomas Lopez, the second highest ranking SP member, as officer-in-charge of the Office of the Vice-Governor during her temporary stint as acting governor during the governor's official visit to China.

Balite read before the SP members, the letter of DILG-7 Regional Director Pedro Noval Jr. dated December 2, 2010 which he received on December 3, that "the highest ranking SP member, shall, although temporarily, automatically exercise the powers and perform the duties and functions of the vice governor as acting vice governor during the vacancy in the office of the vice governor by reason of the latter's temporary assumption as acting governor."

Noval's letter was in response to Balite's query-letter dated October 20, 2010, seeking legal opinion on the situation.

Before Governor Edgar Chatto left on October 9 for an official visit to China, he issued an "unnumbered memorandum" dated October 8, 2010, designating the vice governor as acting governor until he would return on October 18.          

Then, in her capacity as acting governor, Lim issued Memorandum Order 37 on October 11, 2010, designating Lopez as officer-in-charge of the Office of the Vice-Governor effective October 11-13, 2010 only.

Balite, actually, only found it out when he reported to office early morning of October 15 to meet constituents and scan official communications.

This caused Balite to question why Lim chose to Lopez, who is the second highest ranking SP Member.

Balite felt insulted as he is, in fact, the senior SP member.

Balite further narrated that minutes before the October 15 regular session started, he received a call from the Office of the Vice Governor informing him to preside over the SP regular session that day.

At first, he hesitated but he later felt obligated to preside the regular sessionconscious of Section 46 of R.A. 7160- that as the first ranking SP member, he must take over the Office of the Vice Governor, "by operation of law, the moment the vice governor takes the place of the governor caused by the latter's trip abroad".

Balite, indeed, presided the regular session of SP on October 15 even without designation as acting vice governor.

Instead of delivering a privileged speech right then or the following sessions, Balite said he opted to seek the Noval's legal opinion.

In his letter dated October 20, 2010, Balite asked Noval whether there was a difference in the designation of an OIC of the vice governor from that of and acting vice-governor and whether the designation of Lopez, the second ranking SP member, as OIC of the Office of the Vice Governor falls within the same category as that of an acting vice governor and enjoys the same power and privilege.

Balite also asked Noval if Lopez's designation by Lim valid under Sectio 46 of RA 7160 or the Local Government Code of 1991, and if not "what happens to the acts performed especially the papers signed by Board Member Lopez in his capacity as OIC of the Office of the Vice Governor."

Balite also wondered if it was legal for him to have presided over the October 15 regular, despite the absence of a designation as the acting vice governor.

Citing Supreme Court decisions, Noval explained that "unlike the local chief executive who may designate an OIC if traveling within the country but outside his territorial jurisdiction, vice governors have not been conferred with such power by the Local Government Code. Therefore, in no case can they designate an OIC vice governor".

Based on Noval's opinion, Balite described Lim's action as "an exercise in futility. It is a waste of official time".

"But the clearest message, is that the appointment extended on October 11, 2010 to the 2nd highest ranking member of this lawmaking body (Memorandum Order No. 37) is not only terribly illegal.

It speaks of an utter lack of legal consultation. It is hoped, however, that it does not constitute ignorance of the law," Balite pointed out.

Balite emphasized that "respect among peers cannot be imposed. Neither can it be demanded. In fact, it cannot be legislated. It is earned".

"How can we, as elected officials in the province, elicit respect from our fellow local officials down below-the municipal officials and the barangay officers-if we can not even respect the law (R.A. 7160) that gives us the power to govern?" he added.

For the incident, Balite demanded "legal cure on the insult, shortchange and humiliation suffered by the ever-loved constituents of the 3rd district of Bohol".

"If ever there was anyone, anybody, or any class of citizens who was insulted by the issuance of Memorandum Order No. 37, then the 114,720 voters who catapulted this representation to the Senior Board Membership of the Sangguniang Panlalawigan, the third of its row, (first in 2001, 2nd in 2004 elections) are the very one's being insulted. And because of that insult suffered by this representation's 114,720 voters, this representation cannot help but demand explanation from the Office of the Vice Governor," Balite pointed out.

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