Big Brothers told: Respect local autonomy

MANILA, Philippines — Senate Minority Leader Franklin Drilon reminded yesterday Cabinet members acting as “Big Brothers” to certain local government units (LGUs) to observe constitutional principles on local and fiscal autonomy.

“Is the ‘Big Brother is watching us’ the new normal?” Drilon said in a statement.

The term “Big Brother” was coined by author George Orwell in his 1949 novel titled “1984” and refers to the supreme authority in a totalitarian society.

“We cannot take away some powers or freedom in the name of the war against COVID-19. The LGU should be allowed to perform its functions with full autonomy,” he said.

He stressed the Constitution vests the President with the power of supervision, not control, over LGUs.

Last Wednesday, the Inter-Agency Task Force on Emerging Infectious Diseases (IATF) approved Resolution 62, which designated Cabinet secretaries to high-risk areas in Metro Manila and nearby provinces under modified enhanced community quarantine (MECQ).

National Task Force against COVID-19 chief implementer Carlito Galvez said Cabinet secretaries will act as a “big brother” to local officials to aggressively pursue the government’s National Action Plan against the pandemic, particularly in high risk areas in Metro Manila and four adjacent provinces, Malacañang said yesterday.

Galvez said the move was aimed to plug any gap in the communication of policies and their implementation on the ground.

“They are more knowledgeable about our economy, they can guide our LGUs like a big brother or sister to our mayors,” Galvez added.

Galvez likened the strategy of the government in the fight against insurgency through the creation of the Cabinet Officer for Regional Development and Security or CORRDS.

Secretary to the Cabinet Karlo Alexei Nograles denied Drilon’s claim that the government seems to be overstepping its authority over the autonomy of LGUs in the fight against the coronavirus.

Nograles said the designation of Cabinet secretaries as “Big Brother/Sister” to LGUs is meant to speed up coordination between the national government and the LGUs, contrary to Drilon’s claim.

The government is just stepping up efforts to address the emerging concerns to speed up response to COVID-19 at the local level, he added.

According to Nograles, the Cabinet secretaries will act as “overseer, coordinator and abler of the LGU while the efforts against COVID-19 will still be LGU-led.”

“We will be here to act as bridge and to help them as far as coordinating efforts with the national government agencies,” Nograles said.

Nograles said the IATF is giving President Duterte options to deal with the matter, whether the MECQ will be retained in Metro Manila or be moved to general community quarantine.

Under this setup, the Cabinet will have both the micro and macro approach in dealing with the health emergency.

The Department of the Interior and Local Government (DILG) spokesman Jonathan Malaya said the appointment of Cabinet members to oversee COVID-19 response in LGUs will not interfere with the executive authority of local officials.

Malaya said that the assignment of the Cabinet members will only be for monitoring and recommendatory purposes.

“They are just to oversee, provide assistance when needed and ensure implementation of the national action plan on the LGU level. They will not interfere with the exercise of the LGU’s executive authority,” Malaya said in a text message.

Malaya noted that the appointment is only to ensure that the LGUs are properly assisted by the national government in defeating COVID-19.

The Cabinet members can exercise recommendatory powers on what policies and actions could be enacted by the LGU over the local response to stem the transmission of the virus.

Twenty-three Cabinet members were designated to oversee LGUs in Metro Manila and neighboring provinces of Bulacan, Cavite, Laguna and Rizal.

The IATF said that the appointment will help further operationalize the “national government-enabled, local government-led and people-centered” response against the pandemic.

Overstepping of authority

Drilon said: “What we want to prevent here is overstepping of authority. There is a thin line that separates supervision and control. It is always a subject of overreach by the national government.”

In the case Pimentel v. Aguirre, he said the Supreme Court explained that “(s)uch power enables (the President) to see to it that LGUs and their officials execute their tasks in accordance with law. While he may issue advisories and seek their cooperation in solving economic difficulties, he cannot prevent them from performing their tasks and using available resources to achieve their goals.”

According to Drilon who is a former justice secretary, supervision as defined in administrative law means overseeing the power or authority of an officer to ensure that subordinate officers perform their duties.

Whereas, control means the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter.

Article X, Section 4 of the Constitution states that “the President of the Philippines shall exercise general supervision over local governments.”

Article VII, Section 17 of the Constitution also provides that “the President shall have control of all the executive departments, bureaus or offices, exercise general supervision over all local governments as may be provided by law and take care that the laws be faithfully executed.”

Under these constitutional provisions, the President has been invested with the power of control of all the executive departments, bureaus or offices, but not of all local governments over which he has been granted only the power of general supervision as may be provided by law, the senator emphasized, citing the decision of the SC in Mondaño v. Silvosa.

He said in accordance with SC rulings, Cabinet secretaries as agents of the President do not have the same control of local governments as that exercised by them over bureaus and offices under their jurisdiction as provided for in the Revised Administrative Code.

“What they need is the full and timely support from the government so they can respond to the pandemic. Some LGUs, such as Pasig and Marikina, showed they can do that and I do not think they need a ‘Big Brother’ from the government to show them the best way to respond to the crisis. It might only slow the decision-making process,” Drilon said.

Meanwhile, Foreign Affairs Secretary Teodoro Locsin Jr. said yesterday that he doesn’t see the need to be appointed as big brother to Makati City Mayor Abigail Binay to help her in the fight against COVID-19.

“Makati has Abigail. She can teach me a thing or ten about our city. Leave her to it,” Locsin said in response to a tweet, which showed photos of Cabinet secretaries and their assigned areas under MECQ.

Locsin served as Makati representative from 2001 to 2010.

National Security Adviser Hermogenes Esperon Jr. is assigned to oversee COVID-related operations in Makati City. — Romina Cabrera, Helen Flores, Christina Mendez