3 officials authorized to sign for guv in her absence

CEBU, Philippines — Three resolutions authorizing the provincial administrator, assistant provincial administrator, and chief of staff to sign documents in lieu of Governor Pamela Baricuatro were approved during the regular session of the Sangguniang Panlalawigan on August 4, 2025.

The signatories authorized chief of staff Paulo Uy, assistant provincial administrator Aldwin Empaces, and provincial administrator Joseph Felix Mari “Ace” Durano to sign certain documents in her absence.

Board Member Celestino Martinez III, who authored all three resolutions, clarified that these authorities come with strict limitations, ensuring compliance with the Local Government Code.

During the session, Martinez read item 49 authorizing Uy to sign specific documents in the absence of the governor. These include salary releases for provincial employees, cash advances for recurring administrative expenses, utility payments such as light, water, phone, and internet services, remittances to government agencies, and contracts for piecework labor (pakyaw) and administrative work.

He is also allowed to sign expenditures related to the Cebu North Bus Terminal (CNBT), Cebu South Bus Terminal (CSBT), and interlocal health zone operations.

Meanwhile, Item 50 grants the same authority to Empaces, covering largely similar responsibilities, particularly those tied to administrative expenses and government remittances, as well as CNBT and CSBT operations.

Furthermore, Item 51 lets Durano sign for remittances to the Bureau of Internal Revenue, PhilHealth, Pag-IBIG, and CFI, along with payrolls, allowances, and the distribution of municipal and barangay shares from the province’s sand and gravel revenues and real property tax collections.

These resolutions were all certified urgent by Baricuatro herself.

However, the approvals came with amendments, following a critical point of inquiry raised by Board Member Nilo “Olin” Seno, who pointed out that Section 46 (A) of the Local Government Code stipulates that if a governor’s absence exceeds 30 days, the vice governor is supposed to assume the governor’s responsibilities.

“When the governor, city or municipal Mayor, or Punong Barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking Sangguniang Barangay member 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 (30) working days,” the portion of the said code reads.

Seno recommended that the Committee on Laws conduct a review to ensure that the resolutions do not inadvertently conflict with national law.

“We should have that reviewed by the Committee on Laws without prejudice to the approval of these particular resolutions,” he said.

Committee on Laws chairman Nelson Mondigo confirmed that while the delegation of authority is a discretionary power of the governor, legal safeguards remain necessary.

“The resolutions were approved, but subject to qualifications under the Local Government Code,” he said.

Mondigo stressed that prolonged absences or temporary incapacity beyond 30 days should lead to the assumption of duties by the vice governor, as outlined in national law.

Martinez further elaborated on the limitations.

“There were other powers requested by the governor that we could not grant because these fall exclusively under the authority of the local chief executive,” he told reporters.

Martinez said some of these requests included the authority to approve fund transfers and programs of work not exceeding ?1 million --tasks that are not within the discretion of the Sangguniang Panlalawigan to delegate.

“Di namo mahatag kay di namo siya ma delegate. Amo nalang gibutang didto nga the other requested from us amo nalang gi-noted. And if she wants to, siya nalang mo-execute og executive order because it's not within our purview,” Martinez said.

He added that other items like the distribution of local budget matrices and financial assistance were also deemed beyond the Provincial Board’s scope.

The primary concern raised by the legislators was to abstain from misinterpretation and possible violations of the Local Government Code. — (FREEMAN)