Before national policies can be implemented: Capitol nod a must

CEBU, Philippines — Days after Cebu Governor Gwendolyn Garcia sued officials of the Bureau of Animal Industry (BAI) for insisting on their “economically disruptive protocols” in managing the African Swine Fever (ASF), the Cebu Provincial Board has passed an ordinance penalizing officials and employees of national government agencies, including government-owned and controlled corporations, who insist on implementing national policies and programs without the approval of the local government.

The ordinance, which the governor certified as urgent, was passed on first, second, and third reading yesterday. It was sponsored by Board Members Raul Bacaltos, chairman of the committee on laws and review of ordinances, John Ismael Borgonia, Victoria Corominas-Toribio, Thadeo Jovito Ouano, Raymond Joseph Calderon, Cesar Baricuatro, and Ricardo Pepito.

The measure was in consonance with Sections 2(C), 25(B), 26 and 27 of Republic Act No. 7160 or the Local Government Code of 1991.

It shall be applicable to officers and employees of NGAs and GOCCs implementing national policies, programs and or projects within the territorial jurisdiction of the Province of Cebu.

“It has been the practice of the National Government Agencies’ officials and employees assigned within the jurisdiction of the Province of Cebu to implement policies, programs or projects without first coordinating and consulting the Province of Cebu where these policies, programs or projects are to be implemented,” read the resolution embodying the said ordinance.

The ordinance states that no policy, program or project shall be implemented in the territorial jurisdiction of the Province of Cebu by the concerned National Government Agency or GOCC unless the same has been approved by the Sangguniang Panlalawigan of the Province of Cebu through an appropriate resolution.

“Any acts of any National Government Agency Officer or GOCC or their employees who shall implement a national policy, program or project without the approval of the Province of Cebu shall be considered as an inimical act of compromising the general welfare of the constituents of the Province of Cebu and a violation of this ordinance,” the ordinance stated.

The ordinance carries a fine of P5,000 per violation and or imprisonment of not more than one year or both without prejudice to the filing of an administrative charge against such officer or employee for abuse of authority.

The protocols implemented by BAI in managing the ASF cases in Cebu did not sit well with Garcia. The governor said the outdated policy is not only inimical to the welfare of the local hog raisers but also violates the Constitutional rights of the people.

This prompted the Capitol to file criminal and administrative complaints against BAI officials--Dr. Paul Limson, Dr. Samuel Joseph Castro, Dr. Miriam Lopez-Vito, Dr. Joshua Cruz, and Dr. Daniel Ventura, Jr.

More charges

Meanwhile, Garcia has threatened to file another set of criminal and administrative charges against the officials of BAI for their alleged failure to coordinate with the provincial government before making a public   announcement through the media that more areas in the province had been infected by the ASF.

The governor considered the announcement as “malicious” considering that it was made a day after the Capitol filed charges.

"This malicious statements and actions made by these BAI officials after the filing of the case merit the filing of another batch of criminal and administrative complaints,” said Capitol legal consultant Marino Martinquilla.

Acting provincial legal officer Donato Villa said the information had caused "unprecedented injury on our hog industry, especially our backyard hog raisers".

"This is causing undue injury to any party, even the Provincial Government because naturally the Provincial Government will be the one that is going to shell out funds to this affected individuals, not only these hog raisers, but also those selling meats, and other pork-related products," Villa said.

Garcia also questioned the timing saying it was a “display of arrogance" on the part of the BAI officials.

“Too much of a coincidence to be a coincidence. This is practically thumbing their noses up for the actions we have taken, filing a complaint before the Office of the Ombudsman. They are in a blatant display of arrogance," Garcia said.

"Actually now, shall we say, telling us 'we're not of the Ombudsman, we can do what we want, and we have timed this declaration after you filed it in the office of the Ombudsman. If that is not arrogance, I don't know what is," she added.

Support

Amid the Capitol threats for more charges, the Philippine Veterinary Medical Association, a national organization of all licensed veterinarians in the country, has expressed its full support for the veterinarians the Capitol has sued at the anti-graft office.

The organization, however, refused to dwell on the merits of the ASF case in Cebu.

PVMA said that it stands with the five veterinarians from BAI who were only performing their duties and responsibilities. According to the organization, the protocol of the national government in addressing disease, outbreak particular ASF, calls for the culling of infected and expose animals within a prescribed radius from the place of outbreak.

“This is an internationally accepted practice in stopping the spread of this contagious resilient virus that can survive in the environment for a long period of time and in pork and pork products that did not undergo cooking at the temperature of 70°C for at least 30 minutes,” PVMA statement reads.

“The PVMA would like to remind its members of a moral and legal obligation as licensed veterinarians by adhering to all relevant laws and policies of our profession, we guarantee the highest standards of safety and service to our countrymen,” it added.

Reacting to the PVMA statement, Garcia said: “This statement of support can perhaps assuage further your ego but remember this is not the issue, the issue is you overstep your jurisdiction whether or not you are still in a position to dictate a local government unit on how to handle its own hog population in its own territorial jurisdiction.”

The governor warned those who want to meddle in the affairs of the provincial government to “back off.” Garcia issued the warning after learning of an ongoing initiative before the Professional Regulations Commission (PRC) against provincial veterinarian Rose Vincoy for alleged unethical practice.

“Well do that, we are waiting for that action because remember she heads the Provincial Veterinary Office and this Cebu Provincial government has decided to stand up for our own constituent or our own hog raisers, especially our own backyard raisers, not on a caprice or whim but according to the duty that we took a sacred oath to uphold the law, so back off,” the governor said. — Mitchelle L. Palaubsanon, Le Phyllis F. Antojado (FREEMAN)