INQUIRER Global Nation

Lawyers of Tudela Mayor Rogelio Baquerfo have threatened to file graft charges against Cebu Gov. Gwendolyn Garcia if she pushes through with her plan to take over the town’s operations.

Maundlyn Martin, the mayor’s legal counsel, said they would not remain silent while Baquerfo’s rights as the legal mayor of the town would not be respected.

“With all due respect to the governor, mapugos gyud mi ug pasaka ug kaso kung ipugos sab ni governor ang iyang pag-take over sa Tudela (we will be forced to file a case against her if she insists on taking over Tudela),” said Martin.

Governor Garcia on Wednesday invoked the general welfare clause of the Local Government Code to intervene in the operations of Tudela town in the Camotes Group of islands in northern Cebu.

She will sign salary check of employees, who were not paid for five months because of the political impasse between Baquerfo and rival Demetrio Granada.

Granada insisted that he was the duly elected mayor after a regional trial court, acting on the electoral protest he filed, declared him winner by a margin of 13 votes. The decision has been elevated to the Commission on Elections for review.

Martin warned that the governor can be sued for preventing his client from carrying on his functions as the town mayor.

He said a case of violation of the Anti-Graft and Corrupt Practices Act and abuse of power and authority could be filed against the governor.

Martin said it is not stipulated in under the Local Government Code that the governor can take over in cases of an impasse. Instead, the governor can only review the executive orders, he added.

Noel Archival, head of Baquerfo's lawyers, said the governor's move to sign checks and order the Land Bank of the Philippines to honor her signature, would be tantamount to abuse of power.

He urged the governor to obey the rule of law .

However, Pedro Noval, director of the Department of Interior and Local Government in Central Visayas (DILG 7), said Governor Garcia's action is presumed to be regular although an aggrieved party could try to contest it.

Noval said that the governor had a formal notice that she planned to sign the checks for the release of salaries for the employees of the town. And that is in the performance of her function.

So Noval said, there is a presumption of regularity on her action.

“So it's up for…kung dunay moreklamo ana to contest the executive order. Kung mo-assume si Governor Garcia nga maoy mamirma sa mga tseke in view of the executive order nga iyang giluwatan…dunay presumption of regularity, regular na kay that is in the performance of the function as the governor,” Noval said.

Besides, Noval said, both parties reportedly agreed in a meeting with the Office of the Ombudsman-Visayas to allow the governor to sign the checks of the town.

Noval, however, said that Baquerfo later sent him a letter and claimed that he did not agree on that reported agreement.

Noval said that even if Baquerfo did not agree to the agreement, there was the formal notice issued by the governor who has supervisory powers over all the component local government units in the province.

Noval admitted that the governor’s move was the first in Cebu’s recent history.

“In my 34 years in the service of DILG this is the first time nga ang governor would sign the checks to resolve the issue,” he added.

Noval reiterated that the DILG recognized Baquerfo as the mayor of the town.

He said that based on the opinion issued by the DILG central office and even his office in region 7, Baquerfo is the duly-recognized mayor because the court decision declaring Granada lacks a writ of execution.

Noval said Baquerfo can assert his right.

Asked why the DILG could not oust Granada from the mayor's office, Noval said it is the Comelec that must issue the order. The DILG will just implement it, he added.

But Baquerfo said he would take legal action against the governor if the salaries to be released would include the workers appointed by Granada or Vice Mayor Clint Maratas.

Baquerfo cited opinion issued by the Commission on Audit (COA) which states that it is illegal to release the salaries for workers whose appointments were signed by Maratas or Granada.

“What will happen is that we will just follow the rule of law,” he said.

Baquerfo said that even if he was recognized as the mayor, he felt that Garcia sided with Gradana to put order in the town.

“I hope nasayop ko sa akong gihuna-huna nga tua siya side ni Granada, nga nay political glitch” said Baquerfo.

Baquerfo said that he understands the concern of the governor for the town but he just wants the governor to give him the chance to solve the problems in Tudela.

Capitol legal consultant, Rory Jon Sepulvida said that they were only looking for the welfare of the constituents who had been denied with the basic services and the employees with their salaries because of their political problem.

Sepulveda said the governor would only take over the function of releasing the salaries of the employees and funds to operate the basic delivery of services.

But if Baquerfo should take the necessary legal actions for himself, the Capitol would welcome it.