Ignorant Media Men

 By Mortz C. Ortigoza

The problem with opinion writers in Pangasinan: They know how to write in English but are ignorant about the rules and laws that govern the issue they espoused. The same too with the radio commentators who opined on issue that they have bereft knowledge to it.

For example: They kept repeating for several months now that after the opposition majority councilors in the second class city’s Dagupan slashed from P1.3 billion to P864.9 million the annual budget this year of the beleaguered administration of Mayor Belen T. Fernandez, the city reeled now to the status of a third class municipality. How can Dagupond – a play of word of the city that is always drowned by flood and high tide – became a third class town when the annual appropriation budget of that type of local government unit (LGU) can be compared to Urbiztondo, Pangasinan. The town has a P216 million budget this year according to its mayor when I met him early this year.

An example of a third class city in the country was San Carlos City, Pangasinan in year 2020. It had an annual budget of ₱ 941.4 million. A fourth class city in year 2020 was Alaminos City, Pangasinan because of her annual budget of P703.1 million.

 Those third and fourth class cities should be in the league of Dagupan and not of Urbiztondo. Susmariosep! That’s a far fetch comparison that could put a smirk on the face of a Grade 7 pupil of the Mababang Paaralan ng San Andres Bukid (Lower School of Saint Andrew's Field - according to DWPR Broadcasters Harold Barcelona and Sammy Llusala). Those writers and commentators - not Harold and Sammy - should read the manual of the Department of Finance that classifies the ranks of LGUs in the country.

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When the ignorant administration of Mayor Fernandez kept refiling through a proposed law the increase of the salaries and promotions of its employees, the lawmaking body –governed by the critical majority opposition councilors- kept rejecting the proposal. When the Mayor assailed the adamant solons, the same media men – without using critical thinking – echoed son of a gun her sentiments.

They did not know that as long as an LGU runs under a reenacted budget like Dagupan City, the Local Government Code (LGC) prohibits it to promote and increase the salaries of its workers.

As what a jurisprudence says:  There will be no creation of positions, no filling of positions, no new programs, projects and no activities in relation to what Section 323 (Failure to Enact the Annual Appropriations) of the Local Government Code (LGC) provides. 

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 Look how they maliciously savaged Pangasinan Governor Ramon “Monmon” Guico, III when he filed a leave of absence for a trip abroad in June 26 and came back in July 5. The last date was disclosed to me by Provincial Administrator Eli Patague when I bumped into him after the State of the Municipality Address (SOMA) of the gorgeous Bayambang Mayor Mary Clare Judith Phyllis “Niña” Jose-Quiambao in the first class town dubbed as the 5th Capital of the Revolutionary Philippines Republic.

They raised hell on the accountability of the successors in acting capacity of Guico and Vice Governor Mark Ronald Lambino – who also went for a leave of absence -  in case something big happened in the provincial government.

Before I delve how shallow and ignorant on the dynamics of the Temporary Vacancy in the Office of the Chief Executive these members of the fourth estate, please remember that after the duo left their offices their posts were assumed by Board Member Sheila Baniqued as acting Governor and BM Chinky Perez-Tababa as Vice Governor. When BM Baniqued applied for leave of absence, Tababa became the acting Guv while BM Noel Bince became the Vice Guv.

Baniqued, Tababa and Bince became the top two executives to assume office because of the provision: “…ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election (Paragraph D, Section 44 of the LGC).

These muckraking media men questioned who would be the accountable officer if something big and bad happened in the Capitol because of the “whimsical” leave of absence of Guico and Lambino that triggered the series of succession from the members of the SP.

Let’s cite here a man made hypothetical catastrophe where Mr. Provincial Guard XYZ threw the still lighted butt of his cigarette that caught fire on one of the curtains of the governor’s office in the Capitol. The fire swelled and gutted the whole capitol building. The negligence of the guard ensued during the acting capacity of BM Tababa.

Would BM Tababa be accountable in the name of Command Responsibility on the incompetence of Guard XYZ?

We have to define what command responsibility. According to a Philippines statute: Any government official or superior shall be responsible for the crimes or offenses committed by their subordinates in relation to their function or office if the official or superior HAS KNOWLEDGE that a crime will be committed or has been committed.  

If BM Tababa has no knowledge on the patent negligence of the guard, then the latter should be civilly liable and his agency on the damages done based on the principal –agent relationship. If he intended to burn it, then the Republic sues him with Arson under the Revised Penal Code of the Philippines and he goes to the slammer with the up to a life time (reclusion perpetua) jail sentence.

The conflagration of the edifice had nothing to do too with Guico having an official travel abroad, in case some reporters and nemesis wanted to blame him, too!

How about the rap that this whimsical “avalanche” of temporary successions has no official turn over or transfer of power from the outgoing official?

Here’s the law whether the power-that-be who left for abroad did not designate his successor:

“When the governor … 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 … or the highest ranking Sangguniang … 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 (Parag (a) Section 46 LGC)”.

 “In the event, however, that the local chief executive concerned (governor for example – emphasis mine) fails or refuses to issue such authorization, the vice-governor … or the highest ranking Sangguniang…, 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…(Parag (d) Section 46 LGC).

So that’s how temporary position is smoothly made after Congress –where countless of intelligent lawmakers debated for months before they hammered the law for finality –  legislate Republic Act 7160 otherwise known as The Local Government Code of 1991.

In 17 words this I could say to the charivari of these media practitioners: There is a legal mechanic that governed it (temporary vacancy) so it could not result to anarchy, you Clowns!