TAGBILARAN CITY, Bohol (PIA) – Capitol’s legal department is arguing the legality of the Office of Governance and Review (OGAR) and is filing a Motion for Reconsideration (MR) to plead for a reversal of an order that nullified the Executive Order that created the anti-graft office under the Office of Governor Erico Aristotle Aumentado.
At the weekly Capitol Reports, Friday, Nov 24, Provincial Legal Officer (PLO) Handel Lagunay said that the court may have misunderstood that the OGAR, which was created under Executive Order No. 2, series of 2022, and Executive Order 2-A, does not exist as a separate office as it is attached to the Office of the Governor.
The Regional Trial Court Branch 2, through Presiding Judge Jennifer Chavez-Marcos declared that the Executive Orders creating the OGAR, are unconstitutional, as the governor went beyond his powers and duties as local chief executive, and that both orders are null and void.
Chavez-Marcos assailed that under the Local Government Code, the governor encroached upon the powers of the Sangguniang Panlalawigan under section 463 (3) of the same cited code.
Section 463 details the functions of the Sangguniang Panlalawigan as that of the creation of offices that may be necessary to carry out the purposes of the provincial government and consolidate the functions of any office with those of another in the interest of efficiency and economy.
Capitol believes that, OGAR, as a continuation of the Aumentado campaign promise which earned for the governor his election backed by a resounding support of the majority when he picked the anti-graft and corruption and the Boholano-first crusade, is a huge help in the governor’s task of keeping government officials and employees discharge of their duties and functions, according to law.
Citing the same LGC, OGAR Executive Director and lawyer accountant Kurt Bungabong said Section 465 states the governor’s tasks.
One is to ensure that all executive officials and employees of the province faithfully discharge their duties and functions as provided by law, and cause to be instituted administrative or judicial proceedings against any official or employee of the province who may have committed an offense in the performance of his official duties.
Moreover, paragraph (xi) states that the governor, can examine the books, records and other documents of all offices, officials, agents or employees of the province and, in aid of his executive powers and authority, require all national officials and employees stationed in the province to make available to him such books, records, and other documents in their custody.
In its accomplishments, the OGAR, since its creation, has recommended for the filing of technical malversation, graft and plunder for Gov Celestino Gallares Memorial Hospital Management, the objection for the extension of tenure of GCGMH Medical Director, completed the fact finding and recommended for the filing of serious dishonesty and grave misconduct of the Provincial Agriculturist, recommended for the filing of plunder against a former governor on the procurement of food supplements instead of multivitamins and the facilitation of the replacement of an overstaying judge.
Bungabong went on to say that since OGAR assists the governor in his tasks, an executive order for its creation would suffice.
Just like attached offices under the Office of the Governor which were created by Executive Orders, the OGAR is nothing different and may need only an executive order to operate.
OGAR, an attached office under the Office of the Governor, exists in the same manner as the Bohol Investment Promotion and Development Office, the Center for Culture and Arts Development, Bohol Provincial Environment Management Office and the Bohol Employment Placement Office.
Executive Orders created all the above offices.
The RTC 2 presiding judge, ruling on the fact that an Executive Order for the creation of the OGAR is encroaching into the powers of the Sangguniang Panlalawigan.
As such, the court directed Governor Aumentado, OGAR Board of Directors, respondents Leoncio Evasco, Jr., Suceso Arcamo, Macario Delusa , Dan Lim and Emmanuel Ramasola as well as persons acting on the basis of subject of the nullified Executive Orders to immediately cease and desist form carrying out its tasks. (rahc/PIA-7/Bohol)
