CEBU, Philippines - If the legal opinion of the Integrated Bar of the Philippines (IBP) Cebu City Chapter president is correct, it is not necessary for an order to be "personally received" by the official concerned to take effect.
"It's not necessary, for an order to take effect, that it was personally received by the official concerned," said lawyer Earl Bonachita when sought for comment yesterday on the developments at the Cebu Provincial Government.
Governor Gwendolyn Garcia in a press conference claimed that the notice of her suspension was defective after it was not personally handed to her as the subject of the suspension.
Regional Director Ananias Villacorta of the Department of Interior and Local Government (DILG)-7 and two other epresentatives from the legal department left the copy of the notice of suspension to the secretary of Garcia who was not around. The governor's secretary refused to receive the notice.
Bonachita said orders may be delivered personally to the party or his counsel, or leaving it in his office with his clerk or with a person in charge.
Garcia, in a statement, said she will remain as the governor of the Province of Cebu. She likewise questioned the regularity of the notice considering it was only a photocopy.
Bonachita said the camp of Garcia has to present evidence to prove their claim.
"Supposedly orders to be served are either duplicate originals or certified true copies. There is a presumption of regularity in the performance of duties of those officials who served those orders. It is up to the person who questions such regularity to present evidence to prove the contrary," he said through a text message.
When asked on the implication of having two people sitting as governor after Garcia refuses to step down, Bonachita said this would result in confusion.
"The subordinates may be put in quandary as to whom to follow," he said.
The DILG served the notice of suspension upon orders of the Office of the President. Garcia was found administratively guilty of grave abuse of authority. She was meted the penalty of six months suspension from office.
The complaint was filed by the late vice-governor Gregorio Sanchez.
—(FREEMAN)