Measures allowing key Capitol officials to sign docs in lieu of Baricautro approved

Local

THE Cebu Provincial Board has approved three resolutions authorizing key officials of the Capitol to sign documents in the absence of Governor Pamela Baricuatro, but not without raising legal questions and implementing safeguards to ensure compliance with national laws.

During the board’s regular session on August 4, legislators granted limited signing authority to Provincial Administrator Joseph Felix Mari “Ace” Durano, Assistant Provincial Administrator Aldwin Empaces, and Chief of Staff Paolo Uy.

All three were designated by Baricuatro through urgent requests certified to the Sangguniang Panlalawigan.

Board Member Celestino “Tining” Martinez III, who sponsored all three resolutions, emphasized that the authority granted to the officials comes with strict limitations and is clearly defined within each measure.

He explained that the delegation was made to allow continuity of basic administrative functions while the governor is on leave.

Item 49 of the agenda gave Uy the authority to sign documents related to payrolls, cash advances for recurring expenses, utility bills, government remittances, and contracts involving administrative and piecework labor.

He was also allowed to handle documents tied to the operations of the Cebu North Bus Terminal (CNBT), Cebu South Bus Terminal (CSBT), and interlocal health zones.

Under Item 50, Empaces was granted similar authority, particularly concerning administrative expenses and obligations related to the CNBT and CSBT. Meanwhile, Item 51 authorized Durano to sign remittances to the Bureau of Internal Revenue, PhilHealth, Pag-IBIG, and CFI.

He also received authority to sign off on payrolls, allowances, and the release of shares to local government units from real property taxes and sand and gravel revenues.

Martinez noted that while the board accommodated the governor’s requests for basic administrative continuity, it rejected additional delegations that are considered exclusive powers of the local chief executive under the law.

These include requests to allow the three officials to approve fund transfers and sign off on programs of work not exceeding P1 million.

“Di namo mahatag kay di namo siya ma delegate,” Martinez said during the session. “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.”

He clarified that such functions are not within the authority of the Sangguniang Panlalawigan to transfer to anyone, even during the governor’s absence.

The board only acted on functions that can legally be delegated under existing regulations.

However, the board’s decision to grant signing authority drew scrutiny from Board Member Nilo “Olin” Seno of the sixth district, who pointed to Section 46(A) of the Local Government Code.

This provision states that when a local chief executive is temporarily incapacitated, whether due to travel, suspension, or leave of absence, for more than 30 working days, the vice governor must automatically assume the governor’s duties, except for powers related to appointment, suspension, or dismissal of employees.

“We should have that reviewed by the Committee on Laws without prejudice to the approval of these particular resolutions,” Seno said, warning that the Provincial Board could potentially overstep its authority if the delegation extends beyond what national law permits.

Following Seno’s remarks, the board amended the resolutions to reflect that the delegation of authority is limited both in scope and duration.

The members also referred the matter to the Committee on Laws to examine whether the approved actions comply with the Local Government Code and do not conflict with the rule on succession.

Committee on Laws chairman Nelson Mondigo agreed that a legal review was warranted.

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

He emphasized that while governors may delegate certain administrative powers, the law clearly outlines the process for handling extended absences and incapacities.

Mondigo pointed out that any authority granted through resolutions must remain consistent with the broader legal framework.

In the event the governor’s absence exceeds 30 days, Mondigo said the vice governor is legally mandated to assume the functions of the governor, except in matters of personnel actions requiring executive discretion.

Despite the careful amendments and legal caveats, the resolutions marked a critical move by the Provincial Board to maintain the smooth functioning of Capitol operations amid Governor Baricuatro’s ongoing absence.

The board stressed that the authority given to the three officials was necessary to ensure the uninterrupted processing of payrolls, utility payments, and basic services, but it remains temporary and subject to legal scrutiny.

Martinez also said that the board made sure only ranking officials with regular appointments and the governor’s trust and confidence received the authority.

He clarified that contractual employees cannot be granted such powers, reinforcing the board’s intent to observe proper protocols and uphold administrative integrity.(MyTVCebu)