Avanzado sues Gov. Villa, vice mayor for "usurpation of power"

CEBU, Philippines - Siquijor Vice Governor Fernando "Dingdong" Avanzado the other day filed at the Office of the Ombudsman-Visayas a complaint for usurpation of power against Governor Zaldy Villa and Vice Mayor Richard Quezon of the capital town of Siquijor.

Avanzado said the case started last January 10 when Quezon wrote a letter to Villa asking that Claudio Agan, a driver under the Office of the Vice Governor, be transferred to the vice mayor's office.

On January 24, Avanzado informed Quezon that such request "could not be given due course" because Agan, being a permanent employee, is under the vice governor's office. However, the governor later issued Office Order No. 2013-ZSV-008 approving the vice mayor's request.

This prompted the vice governor to protest, contending that the act of Villa and Quezon was a usurpation of power.

Avanzado, in a four-page complaint, alleged that the governor's order was "illegal and contrary to the rule of law, rules and jurisprudence," insisting that Agan was under his office and "thus under (his) appointing authority."

The vice governor, in a press conference in Cebu City, said Agan has been the driver of the said office even before he assumed office last year. The issue may be "petty" but if he would allow it to pass, the governor would continue doing similar acts of usurpation later on.

"Limited lang ang powers ng vice governor, mga 10 percent lang, while the governor has 90 percent. Pati ba naman ang 10 percent kukunin pa din niya? This is not only for me but for all those vice mayors and vice governors who are bullied by their mayors and governors," Avanzado said.

Avanzado cited the case of Atienza versus Villarosa (G.R. No. 161081) promulgated on May 10, 2005 when the Supreme Court ruled that the power to appoint officials and employees in the legislative body and of its presiding officer, is within the vice mayor or the vice governor, similar to this case of Agan who was hired to work for the Office of the Vice Governor.

Avanzado also showed to the media a copy of the resolution of the League of Vice Governors of the Philippines, which was approved last week, reminding the local chief executives of the separation of powers between the legislative and executive branches, as established by the Local Government Code and the SC ruling on the Atienza vs. Villaroza case.  (FREEMAN)