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MEMBERS of the Cebu Provincial Board do not function as custodians of Capitol documents, said Provincial Board Secretary Anecita Pasaylo.
As such, it was not right for environment lawyers to charge legislators for violation of the Anti-Red Tape Act for failing to furnish them with documents on the Balili beach lot purchase, said Pasaylo in her letter-reply to environment lawyers Gloria Estenzo-Ramos and Benjamine Cabrido.
Estenzo-Ramos and Cabrido earlier filed a complaint for violation of the Anti-Red Tape Act and the Code of Conduct and Ethical Standards for Public Officials and Employees against Gov. Gwendolyn Garcia, Vice Gov. Gregorio Sanchez Jr. and members of the Provincial Board except Agnes Magpale and Jose Ma. Gastardo.
The lawyers alleged that Capitol officials failed to heed their request last July 2 for documents on the Capitol?s purchase of a beachfront property in Naga City. The lot, which the Capitol bought from the Balili family, turned out to be mostly underwater.
Magpale was spared from the charge because she responded to the lawyers explaining that she did not have the documents that the lawyers were looking for.
Gastardo was absent when the Provincial Board approved the resolution authorizing the governor to purchase the 24.7-hectare beach lot for P98.9 million in behalf of the provincial government.
Writing on behalf of Sanchez and the other Provincial Board members, Pasaylo said they were unable to heed the lawyers? request because they do not have possession of these documents.
?The Office of the Governor has already announced its willingness to furnish you copies of the documents and that said copies are ready for pick up,? Pasaylo said.
Pasaylo, in her letter, also mentioned that Provincial Board are not covered under Republic Act 9485 or the Anti-Red Tape Act.
Section 3 of acts says that ?this act shall apply to all government offices and agencies including local government units and government-owned or controlled corporations that provide frontline services as defined in this act... (excluding) those performing judicial and quasi-judicial and legislative functions.?
But Estenzo-Ramos said RA 9485?s definition of ?frontline services? include some functions of the provincial government.
?The people can ask for copies of the resolutions passed by the (Provincial Board), just like we can get from the courts copies of decisions,? she said.
?There is a provision in the law covers quasi-judicial legislative bodies that have frontline services. So, the requests (we made) should be acted upon within five days,? she added.
Frontline services, according to the law, refers to the process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests which are acted upon in the ordinary course of business of the agency or office concerned. /REPORTER DORIS C. BONGCAC AND EDITORIAL ASSISTANT MA. BERNADETTE A. PARCO
