By Felix ‘Boy’ Espineda, Jr.
SORSOGON CITY (BicolToday.com/29-Feb-12) – The day of the hearts was not too good for the lady executive of Bulan town here when the joint committee of rules, privileges and amendments and the committee on public works, highways and infrastructure of the Sangguniang Panlalawigan of Sorsogon treated the core issues of Executive Order No. 1, Series of 2012 issued by the Mayor Helen de Castro which was based on Article III, section 32 of the Local Government Code of 1991 which speaks of general supervision.
The executive order requires and enjoins all public infrastructure and other projects within the direct supervision of the local chief executive . . . especially those implemented in the barangays before acceptance should be inspected and evaluated first by the municipal government.
It also created a project monitoring team tasked to recommend for the final acceptance of the project. The committees at the onset set the tone of clarification, distancing themselves from the perilous issues of politics and instead tasked the DILG Provincial Director, Dr. Ruben Baldeo, to explain the limitations of an executive in executing administrative laws.
His explanation, doused cold water to the politically couched executive order.
DILG Baldeo’s observations said, that “supervising officials merely see to it that the rules are followed, but by themselves do not lay down the rules, nor they have the discretion to modify or replace them”.further stating that “if the rules are not observed, they may order the work done or redone, but only to conform to such rules”, in effect interpreting for Mayor de Castro the intentions and applications of Article III, Section 32, which the town executive interpreted to suit a political need.
Her executive order further laid down rules and regulations that limit the performance of the function of concerned barangay, in effect exercising control over the punong barangay which will limit the authority of the punong barangay.
Baldeo’s likewise zeroed in the creation of the executive order of a project monitoring team which he opined runs counter with the DILG MC 2004-78, subject of which is the organization/reactivation of project monitoring teams in the local government units, for it does not conform with the mandatory membership as provided for in the circular.
The circular has a mandatory membership for a project monitoring team that includes the DILG official assigned in the locality, two NGO or PO’s representative and four members to be appointed by the local chief executive from among five nominees of the local development council.
De Castro’s monitoring team came from the municipal engineering office. BicolToday.com
The politics of an executive order
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