Jun Torres

PALAYAN CITY - Provincial Legal Officer Atty. Alejandro R. Abesamis, concurrent Provincial Administrator, had lamented as "disruptive" the acts of Vice Gov. Edward Thomas F. Joson in canceling last Friday the appointments of six of the appointees of Gov. Aurelio M. Umali in various departments of the provincial government and assigning in their stead previous chiefs of offices.

While Abesamis admits the legal capacity of Joson to "automatically exercise the powers and perform the duties [of governor]," he questions, however,Joson's act of "disrupting the flow of government service."

At the moment, official business transactions have come to a virtual halt arising from the confusion on whom to follow, especially in matters of payments of salaries.

Abesamis said that Joson, as acting governor, is prohibited by the local government code from exercising "the power to appoint, suspend, or dismiss employees which [power] can only be exercised if the period of temporary incapacity exceeds 30 working days."

Abesamis had advised the various department heads and employees of the province "to maintain the status quo ante pending the outcome" of a legal inquiry he made to the Department of the Interior and Local Governmentand the Civil Service Commission on the issues of legality and correctness of the acts of Joson.

He said, "The grounds and arguments raised in support of the legal inquiry are strongly meritorious and could possibly result in administrative, if not criminal, liabilities on the part of those involved in disrupting the flow of government service."

Umali's panel of lawyers are also reportedly considering the filing in court of a suit for mandamus to contest the legality of Joson's "act of assigning a department head to his original post as this is tantamount to dismissal [of the incumbent officer] since the old position does not exist anymore."["Mandamus is a remedy to compel the performance of a duty required by law,where the party seeking relief has no other legal remedy and the duty sought to be enforced is clear and indisputable."

The controversy arose when Umali went on official leave last week. Department of the Interior and Local Government (DILG) Sec. Ronaldo V. Puno authorized Umali for his "travel to the United States of America and Singapore, from March 12 to 25, 2008, while on leave of absence, for personal reasons.

"Joson in his March 13 memo asserted his authority by operation of law under Sec. 46 of Republic Act No. 7160, or the local government code of 1991,which provides that he can "automatically exercise the powers and perform the duties and functions of the local chief executive concerned." On March14, he issued 20 memoranda canceling or suspending Umali's appointees and reinstating former chiefs of offices as their replacement.

Six of the affected chiefs of offices appointed by Umali were: Leoncio A.Daniel, OIC provincial social welfare and development office; replaced by Zoilo Pangilinan; Engr. Vicente Santos, OIC provincial engineer, replaced byEngr. Edgardo Gabata; Engr. Roque Roberto Leoncio, OIC provincial general services office; replaced by Arthur Serdeña; Ma. Cristina G. Roxas, OIC provincial accounting office, replaced by Romeo del Mundo; Mary Grace L.Irabagon, OIC provincial tourism office, replaced by Annaliza A. Eugenio; Engr. Maximo A. Borja, OIC provincial environment and natural resources office, replaced by Jose N. Quiseng.