TAGBILARAN CITY, Bohol (PIA) –The ruling that declared the Office of Governance Accountability and Review (OGAR) unconstitutional may be a hiccup in the office’s existence, but it will not stop the appropriate courts from appreciating the cases the officer recommended for filing.
Former City Mayor and OGAR volunteer lawyer Atty Dan Lim said this during the Capitol Reports November 24, as a way for Capitol to explain its side in the recent ruling penned by Regional Trial Court Branch 2 Presiding Judge Jennifer Chavez-Marcos, October 31.
And if the petitioners who sought the unconstitutional decision think that the ruling is in their favor, they may have to think again.
Petitioners have asked for the court’s intervention on the legal personality of the OGAR, which has been helping the governor uncover possible graft and corrupt practice done by provincial officials and employees, past and present.
It may be recalled that Chavez-Marcos ruled that the OGAR, being created by a mere Executive Order, is an encroachment on the power of the Sangguniang Panlalawigan (SP).
By law, the SP is tasked to legislate for the legal establishment or institutionalization and the donning of the legal personality of OGAR.
The court declared Executive Order No 2 and Executive Order No 2-A unconstitutional, arguing that the creation of the office belongs to the SP.
It also directed the Governor, OGAR Board of Directors, respondents Leoncio Evasco Jr., Suceso Arcamo, Macario Delusa, Dan Lim and Emmanuel Ramasola and all persons acting on the basis of the contentious Executive Orders to immediately cease and desist from carrying out its tasks as detailed in the said executive orders.
However, pending a Motion for Reconsideration (MR) which the Provincial Legal Office is filing to appeal for the decision, Atty Lagunay said the decision of the court is not final yet.
He also said that Capitol is willing to even pursue the overturning of the decision in the Court of Appeals or in the Supreme Court, in an adverse decision of the motion in the lower courts.
Volunteer lawyer Lim also said in the issue on the contention that the OGAR is unconstitutional, the cease and desist order is not effective in stopping the personal capacities of the members from doing their individual crusades.
“The order does not hamper our personal prerogatives to file cases,” Atty Lim declared.
Moreover, he said as the court order did not mention the cessation of the appropriate courts from appreciating the cases already filed, then the hearings continue for those cases filed based on the recommendation of the OGAR.
While with the court order, Lim said this is a challenge to OGAR, but as long as we can get something good for Bohol, tuloy ang ligaya. (rahc/PIABohol)
