CEBU, Philippines — Employees of the Municipality of Barili in Cebu have not received their salary since August 15 because no one could sign the town’s vouchers.
The town’s mayor, Marlon Garcia, is still in the hospital recovering from COVID-19 and the vice mayor, Julito Flores, has just returned to work on Monday, August 24, also after battling the coronavirus.
Flores said the salaries of 139 regular employees and casual workers, as well as 300 job order personnel, are affected.
But even if he is back at work, Flores said he did not take over Garcia’s functions automatically in the absence of a temporary appointment.
"Wala pa ko kalingkod kay ako, galibog sad ko kinsa ang mo-facilitate sa akong pag –install… i-install ba ko or automatic ba ko. Lisod man sad kaayo kung molingkod ba ko as acting mayor nga wala may ga-facilitate,” Flores said.
(I have not assumed office because I also don’t know who will facilitate my installment… should I be installed or should I assume automatically? It’s also difficult if I assume automatically as acting mayor without anyone facilitating.)
He said even the municipal officer of the Department of Interior and Local Government (DILG) is unsure of what to do.
"Naglibog pud siya unsay buhaton, wala siyay idea unsay iyang kuan… daghan kaayo'g suggestion: Ang HR mokuha didto og certificate gikan sa hospital – confined ba si mayor, unsay health bulletin, iyang health status. Daghan kaayo ko kalibogan ba nga public knowledge man nga si mayor naa sa hospital, dugay na gud nga panahon nga wala si mayor mag-report," Flores said.
(He’s also confused on what to do, he does not have any idea what to do… there are many suggestions: The HR should get a certificate from the hospital – if the mayor is confined, his health bulletin, his health status. There are many things that confuse me… it’s public knowledge that the mayor is in the hospital and has not been reporting for work.)
"Unya daghan way sweldo ang mga tawo, daghan kaayo payables, ang kurente wala ta kahibalo... daghan tang bayranan sa gasoline or diesel so wa ta kahibalo unsa… so looy ang lungsod, na-hamper ang operation,” he said further.
(Many have not received their salary, there are many payables, we don’t know the status of our payments for electricity, gasoline or diesel… it’s the town that’s suffering and operation has been hampered.)
Flores said he wants DILG to issue a formal pronouncement on his temporary installment to avoid misinterpretation. The town council is also ready to give him authority to sign documents so that the town’s operations will continue.
Flores said Garcia is out of the intensive care unit.
Statement
Citing the Local Government Code, DILG Cebu Provincial Director Jhoaden Lucero said if there is temporary vacancy because the mayor is incapacitated to perform his duties, the next in rank will assume the office on the fourth day of the mayor’s absence.
"Ang acting mayor, maka-perform siya sa duties of the local chief executive except sa hiring and firing of personnel," Lucero said.
DILG-7 information officer Michael Braga said that if the temporary vacancy of the mayor’s position is established, the rule of automatic succession by operation of law will apply.
"When a temporary vacancy exists in the office of the municipal mayor, the vice mayor shall automatically assume in an acting capacity," Braga said.
Section 46 of the Local Government Code states, "When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member 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 thirty (30) working days."
"In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in subsection" it reads further. — JMO (FREEMAN)