CEBU, Philippines - Now that he is acting vice governor, Provincial Board Member Julian “Teban” Daan was again reluctant to assume the responsibility such as presiding the PB session yesterday.
During its pre-caucus meeting yesterday, Daan asked why Vice Governor Agnes Magpale, now acting governor, did not issue a memorandum designating him as acting vice governor.
Magpale showed a memorandum issued by Governor Gwendolyn Garcia, who is currently on vacation leave, designating her as officer-in-charge of the Office of the Governor from October 1 to 8, 2011 while Garcia is in the United States.
Garcia cited in her memorandum Section 46 of the Local Government Code of 1991 which provides that when the governor travels abroad, the vice-governor 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 working days.
Magpale explained that she cannot issue a similar memorandum to Daan because she is prevented from making appointments.
“Di man ko maka-issue. Anyway it’s automatic man nga mosaka siya as Pro-Tempore. I don’t think there is really a need,” Magpale said.
Paragraph (d) of said Section 46 further provides that “in the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the highest ranking member shall have the right to assume the powers, duties, and functions of the said office on the fourth day of absence of the said local chief executive, subject to the limitations provided in subsection (c) hereof.
“I can also understand sa concern ni Board Member Teban,” Magpale said.
When Garcia and Magpale went together to South Korea last week, Daan assumed as acting governor though he was reluctant to perform his function when the governor did not issue any memorandum to him.
There were, however, no major concerns during Daan’s three-day stint as acting governor except the signing of travel orders of some Capitol officials.
With Magpale’s assumption as acting governor, Daan being the next in rank is now the acting vice governor and his first official duty was to preside the PB session yesterday. (FREEMAN)