Law allows Gwen not to make Magpale OIC

CEBU, Philippines - Governor Gwendolyn Garcia was within the bounds of law when she did not designate Vice Governor Agnes Magpale to take over as acting governor during her recent out-of-town engagements.

“Naa na’y basehan sa balaod,” said Capitol spokesperson Rory Jon Sepulveda. He cited the Local Government Code.

Sepulveda explained that under the law, Magpale can automatically assume as acting governor. Section 46 of the Local Government Code states that “the vice governor...or the highest ranking Sangguniang member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth day of absence of the said local chief executive, subject to the limitations.”

So far, Sepulveda said, Garcia has not been out of the country and out of the province longer than three days.

“Mobalik man sad siya diri before the third day,” he said. Therefore, Garcia may choose to appoint an officer in charge only on the fourth day, especially when her engagement is only within the country.

In a separate interview, Magpale said has not received any memorandum from Garcia designating her as OIC when she went out of town recently.

Magpale, however, clarified that she is not complaining nor being suspicious on the matter. She also acknowledged that she can automatically assume as OIC when Garcia leaves the country.

“Wa na ko kahibaw. Dugay na ‘to nga iya ko gi-designate as OIC. But akong giklaro, wa ko mag-complain,” she said.

Meanwhile, Sepulveda said it is Garcia’s style of governance to personally distribute financial assistance to barangays funded by of the Legislative Assistance Fund of the Provincial Board.

“Last month pa, gi-decide na ‘na ni Gov na iusa ang distribution monthly kay last year na sad ni niya so farewell bale niya ni. We don’t want to lose sight of the fact na naa pa siya’y 10 months nahibilin,” Sepulveda said.

He said that people should not confuse Garcia’s kind of governance with politics because the governor also distributes financial assistance even to political opponents.

“Kung adunay shades of grey na nakita, inevitable na, but make sure na sa imong pagpanggobyerno, pagpanggobyerno jud na,” Sepulveda said. — (FREEMAN)