Magtanggol C. Vilar
PALAYAN CITY — The Department of the Interior and Local Government (DILG) ruled that Vice Gov. Edward Thomas F. Joson had committed an illegal act when he revoked last March 14 the appointments of at least six officials earlier designated by Gov. Aurelio Matias Umali, and in their place appointed other officials.
This was contained in a legal opinion issued by DILG Undersecretary Austere A. Panadero and received here last Tuesday.
The DILG had ealier reviewed a series of 20 memoranda issued by Joson, acting governor.
Provincial Administrator Alejandro R. Abesamis had earlier sought the DILG opinion on the legality of the actions taken by Joson in his capacity as acting governor during the temporary absence of Umali who has taken an official leave from March 12 to March 25.
As a result of the confusion caused by the directive, official business transactions had come to a virtual standstill.
Records show that "Vice-Governor Joson, as acting governor, directed certain officials and employees of the provincial government to assume and perform the functions of certain offices. The directive effectively replaced the officials earlier assigned by Governor Umali to perform the functions of the offices concerned."
The two-page DILG legal opinion held that by virtue of the "temporary incapacity" of Governor Umali by reason of his official leave of absence, Vice Governor Joson, as acting governor, "shall automatically exercise all the powers and perform all the duties and functions of the gGovernor."
However, it said that Joson is prohibited from exercising the powers "to appoint, suspend or dismiss employees," adding that he may only do so if the period of temporary incapacity exceeds 30 working days."
The dispositive portion of the opinion stated: "With the definition given on ‘appointment,’ we are of the view that the series of memoranda issued by Acting Governor Joson could well fall within the meaning and contemplation of the word ‘appoint’ found in Section 46 (a) of the Local Government Code since it directed certain officials other than those officials earlier designated by Governor Umali to perform the functions of certain offices."
It added, "such being the case and per the limitations on the powers of the Acting Governor under Section 46 (a) of the Local Government Code, the subject series of memoranda should have only been issued by the Acting Governor at a time when the temporary incapacity of the Governor shall have already exceeded 30 working days."
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