Magpale says she can hire, fire Capitol workers based on DILG legal opinion-A A +A
Friday, January 4, 2013
ACTING Gov. Agnes Magpale said she can legally hire and fire Capitol employees as the suspension of Gov. Gwendolyn Garcia is more than 30 days, or 180 days to be exact.
She said this is the Department of Interior and Local Government’s (DILG) legal opinion on Section 46 of the Local Government Code 1991, which Rep. Pablo John Garcia (Cebu, 3rd district), Governor Gwen’s brother, had also cited.
His interpretation was different, though.
To clear the confusion Magpale sought the opinion of the DILG 7, through Atty. Czareem Joseph Estella.
“Naa mi (We have the) authority to hire and terminate Capitol employees, kay ni-lapse na man og 30 days ang suspension (because the suspension is more than 30 days),” Estella said, based on the DILG legal opinion.
Congressman Pablo John had said Magpale violated the law, as Section 46 provides that “…the power to appoint, suspend or dismiss employees… can only be exercised if the period of temporary incapacity exceeds 30 working days.”
He also threatened to file criminal and administrative action for usurpation, but Magpale’s camp said they are ready.
The confusion stem-med from the relief of Atty. Roy Salubre as the provincial treasurer. Salubre is reportedly being transferred.
OIC prov’l treasurer
Budget officer Emmanuel Gingoyon took his place as officer-in-charge.
Atty. Magnificus Cañete clarified that Magpale was merely recommending to the Department of Finance (DOF) to replace Salubre with someone she can trust.
He said the DOF still calls the shots on treasurers, not only in the Capitol, but all over the country.
Last night, 43 leaders from Metro Cebu and the province representing different sectors, such as the youth, urban poor, housing associations and businessmen, invited
Magpale to a meeting, where they asked her to brief them on Capitol’s financial status.
They suggested that Magpale give the public a report on the Capitol’s finances.
Magpale said she will address the matter as soon as they complete examining documents and contracts entered into by the Garcia administration. OCP
Man with a criminal record killed during foiled robbery
PT: Man with a criminal record killed during foiled robbery in Talisay City
ONE of two men who attempted to rob a burger stall in Talisay City yesterday morning died after the stall’s attendant fought back.
Ambrosio Candule, 27, a resident of Barangay Tapul, was busy preparing burgers at Angel’s Burger in Barangay Poblacion when two customers arrived around 4 a.m.
One of them, 20-year-old Jun Rey Escare, whipped out a .38 pistol and declared a holdup. The suspect demanded the stall’s earnings.
Fearing he would be shot, Candule immediately went to get the cash amounting to P50 at the drawer and gave it to Escare.
While Escare was preoccupied, Candule grabbed the gun. Escare pulled the trigger, but the gun didn’t fire.
Candule managed to pick up the bread slicer, which he used to stab Escare repeatedly in the shoulder. Escare dropped the gun and ran toward his companion, who was on board a motorcycle. The two men fled.
Candule went to the Talisay City Police Station to report the incident. He also surrendered after admitting that he stabbed one of the suspects.
Hours later, police received a call from the Talisay District Hospital that a man had died from stab wounds.
Candule went to the hospital with the investigators, where he identified the suspect.
Police led by SPO4 Daniel Tarucan are still looking for Escare’s companion.
PO3 Benedicto Lasque said Escare, a resident of Barangay Cansojong, may have been abandoned by his companion.
A witness reportedly saw the two men passing by Barangay Dumlog after the incident.
The witness said he saw Escare fall off the motorcycle. He also saw Escare’s companion leave.
Tanods from Dumlog, who found Escare’s wounded body while patrolling, brought the victim to the hospital where he was declared dead on arrival.
According to the police’s background check, Escare was a noted criminal in the city and had been involved in two stabbing and theft incidents in the past.
Lasque said Escare had also been involved in a murder in Barangay Tabunok.
Lasque said they were able to confirm Escare’s identity through his cellular phone, which police used to contact his father.
Published in the Sun.Star Cebu newspaper on January 04, 2013.