Gov. Roel Degamo has rebuffed the Provincial Board for encroaching on executive functions with their insistence on reviewing contracts, and even qualifications, of personnel hired by the Province.
In a letter to the provincial legislature, the Governor reminded the Board Members of his right to hire personnel, and enter into contracts of services without being subjected to a review by the provincial legislature.
The Governor said that by requesting for copies of individual contracts, “the Board seems to encroach into the function of the chief executive when its primary function is that of legislation.”
Degamo cited section 465 of the Local Government Code which gives the local chief executive the power to appoint all officials and employees paid out of provincial funds.
He also reminded the Board of a Supreme Court ruling, Quisumbing vs. Garcia, which gives the governor the power to hire after an appropriation is passed by the Provincial Board.
The Governor went further to say that the Provincial Board contradicts itself by its continued insistence in examining or ratifying contracts of services.
He cited Section 23 of Appropriation Ordinance No. 41, series of 2001, which expressly states that the hiring of personnel shall start only after the Sangguniang Panlalawigan grants authority to the governor.
The Provincial Board, the Ordinance said, is not a ratifying body for contracts entered into by the Executive.
Sources at the Governor’s Office said the Governor wrote the letter after some personnel hired by the Province lost their interest to serve after being subjected to intense questioning by some Board Members.
