Magpale, Daan need not take oath

CEBU, Philippines - Acting Cebu Governor Agnes Magpale did not have to take her oath of office when she assumed last December 19, 2012, said the Department of Interior and Local Government 7.

DILG-7 Regional Director Ananias Villacorta himself said this to Magpale in his response to the latter's query relative to the refusal of acting Vice Governor Julian Daan to take his oath.

"Wa gyud ko masayop nga wa ko magdali-dali," Daan told The FREEMAN. (I was right in not rushing to take oath.)

Villacorta in his letter dated January 2, 2013 addressed to Magpale said that the succession, being automatic by operation of law, the requirement of an Oath of Office, therefore is not mandatory or even a pre-requisite.

"Thus, with regards to the circumstance of PB Member Julian Daan, as a duty, it is automatic that he should assume as Acting Vice-Governor by operation of Law in the same manner that you assume office as Acting Governor," Villacorta said.

Villacorta administered the oath of Magpale immediately after he posted at the hallway of the Office of the Governor copy of the suspension order against Governor Gwendolyn Garcia last December 19.

Garcia was not yet in her office when Villacorta served the suspension order and instead he proceeded to Magpale's office to administer the oath.

Daan refused to take his oath upon the advice of the camp of Garcia, his ally, pending resolution of the petition for temporary restraining order to be heard today by the Court of Appeals in Manila.

On December 28, 2012, Magpale sent a letter to Villacorta relative to the failure of Daan to take his oath.

Another letter dated January 2, 2013 was also sent by Magpale to Villacorta posing questions relevant to the Office of the Vice Governor and its operations.

Villacorta cited Section 44 (a) of the Local Government Code which provides that subsequent vacancies in the Office of the Vice Governor shall be filled automatically by the other sanggunian members according to their ranking as defined herein.

Villacorta also highlighted Section 46 (a) of the Code which provides that when the governor is temporarily incapacitated to perform his duties for physical or legal reasons such as suspension from office, the vice governor "shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds 30 working days."

He said that logically, upon Magpale's automatic assumption as acting governor, it necessarily connotes that a temporary vacancy in the Office of the Vice Governor followed and that Daan shall perform the administrative functions in the office.

"This is the same tenor of law and logic that served as your basis in the exercise of the same administrative function in the Office of the Governor, being the Acting Governor as such," Villacorta added. — (FREEMAN)