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DILG issues show cause order vs Mayor Tita Baja; Baja reacts

The Department of the Interior and Local Government (DILG) issued a show cause order to Garcia Hernandez mayor Tita Baja for alleged protocol violations and for allegedly obtaining a certificate of indigency in order to secure financial assistance from Malacañang.

The development was revealed by DILG Bohol operations officer Mardonio Roxas in a telephone interview on Aug. 6, 2021.

Roxas said that USec. Epimaco Densing signed the show cause order dated July 21, 2021.

He added that the show cause order was transmitted to the office of the governor only on Aug. 5, 2021.

The DILG Bohol officer revealed that Mayor Baja is being ordered to explain her alleged protocol violation when she interacted with Sen. Christopher Go and Presidential Spokesman Harry Roque in separate instances on July 11, 2021 in Dauis and in Panglao towns.

Furthermore, Baja was told to explain about the allegation that she obtained a certificate of indigency, which apparently would be used to get financial assistance, Roxas said.

THE SHOW CAUSE ORDER

A source provided The Bohol Tribune a copy of the show cause order of the DILG that was sent to Baja.

The show cause order said that a certain Elayne Bond filed a complaint before the DILG’s complaint mechanism which is a component of the Bantay Korapsyon Program of the agency.

One of the allegations leveled against the mayor is regarding violation of Republic Act (RA) 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events  of Public Concern Act.

Another allegation against the mayor is the violation of RA 6713 or the Code of Conduct of Ethical Standards for Public Officials and Employees and also RA 3019 or the Anti-Graft and Corrupt Practices Act.

The show cause order said that based on the complaint, the mayor of Garcia-Hernandez was admitted to a Tagbilaran hospital on June 29, 2021 and was allegedly discharged on July 5, 2021 “but with strict directive to undergo a 14-day home quarantine/isolation”.

The order states, “Contrary to the supposed mandatory self-quarantine, you attended a gathering with Senator Christopher “Bong” Go and even posted on your Facebook Account pictures with Secretary Harry Roque showing that you took off your face mask.”

“Moreover, you requested, and was issued Certificate of Indigency and another Certification indicating that your income is below threshold level. These certifications were used by the Municipal Administrator as attachment to the Request for Medical Assistance for the hospital bill amounting to PhP181,941.58,” the show cause order mentioned.

“Among others, Republic Act No. 11332 was enacted pursuant to the policy of the state to protect and promote the right to health of the people and instill health consciousness among them. One of the objectives of the said law is to ensure that public health authorities have the statutory and regulatory authority to ensure quarantine and isolation. Thus, Section 9 thereof defined the prohibited acts, among which is the non-cooperation of the person or entities identified as having notifiable disease, or affected by the health event of public concern.2 The term “non-cooperation” has been defined under Section 4 of the Revised Implementing Rules and Regulation of RA 11332 as the failure to fully comply with a duty required under the provisions of RA 11332 and its IRR, or abide by guidelines, orders, issuances or ordinances issued pursuant to, and to implement the provisions of RA 11332 or its IRR,” the show cause order stated.

“Likewise, please be reminded that the Code of Conduct of Ethical Standards for Public Officials and Employees provides that, it is the policy of the state to promote high standard of ethics in public service and that government personnel shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives and uphold public interest over personal interest. The allegations in the complaint, if proved, would constitute a violation of the above-mentioned code particularly Section 4 (b), and (c),” the DILG order reads.

The order, which was penned by Densing, mentioned, “Your act of attending a gathering within the 14-day quarantine period is a clear violation of RA No. 11332. As public officer, you are expected a high degree of observance of the protocols for the containment, prevention and control of the spread of Covid-19 and its resulting variants.”

Moreover, Densing told Baja in the order, “Arrogating unto yourself a state of indigence is not an act beyond reproach under RA No. 6713. Prudence would dictate that you should not have secured Certificate of Indigency and certification that your income is below threshold level. Being a mayor with Salary Grade 30, you cannot be considered impoverished.”

The DILG undersecretary further wrote: “You have caused undue injury to the LGU [local government unit] of Garcia Hernandez when your hospital bill was paid on account of your request for medical assistance.”

The show cause order mentioned, “In view thereof, and in line with the mandate of Bantay-Korapsyon, and pursuant to Administrative Order No. 267, series of 1992 on the delegation of the President’s supervisory power over local government units to the Secretary of the Interior and Local Government in relation to Section 25 paragraphs (a) and (b) of the Local Government Code of 1991, you are hereby enjoined to show cause by way of comment and explanation under oath as to why no administrative charges should be filed against you within three (3) working days upon receipt hereof.”

MAYOR BAJA’S SIDE

In a telephone interview, Mayor Baja denied that she violated protocols as alleged.

The Garcia-Hernandez town mayor added that she would not put the health of her family in peril by violating health and safety protocol.

Furthermore, the mayor said that the securing of a certificate of indigency was an inadvertent mistake on the part of one of her staff. She insisted that she is not an indigent and does not pretend to be one.

The mayor insisted that she has already answered the allegations hurled at her and outlined in the show cause order in the media—and insisted on her innocence in relation to the allegations hurled at her as the DILG orders her to reply in relation to the allegations.

Baja said that the issue leveled against her in the show cause order is nothing new. She also said that she has already answered the issues in the DILG order in several fora including those in some media engagements (excluding The Bohol Tribune and its radio programs).

In the course of the telephone interview, Baja shifted the conversation a bit and asked why the media is not obtaining comments regarding the citizenship status of a certain public personality. 

“In fairness pud ba sa akong kaugalingon, dili diay ko pwede mo ingon nga, dili ba pwede ninyo pangutan-on on the air nga Jade tubaga sa ang imohang green card ug ang imong pagka American citizen, di ba? Kay sila [opponents] nangita na ug paagi ug matagaan ko ug problema o tagaan nila kog issue. Natural ra man na [show cause order] as long as dili ka guilty ug nagserbisyo ka ug maayo [sa katawhan]” Baja told The Bohol Tribune as she was referring to her political opponents giving her a hard time.

Baja is no longer eligible to run for re-election as mayor as she is on her third and final term.

It is publicly known that Board Member Jade Bautista is planning to run for the mayoralty seat in Garcia-Hernandez town in the 2022 elections.

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