Provincial agriculturist OIC Larry Pamugas filed a petition for certiorari, prohibition and injunction with prayer for temporary restraining order (TRO) and/or a writ of preliminary injunction before the Regional Trial Court in Tagbilaran City on Feb. 15, 2023.
The Bohol Tribune was provided a copy of the petition and the copy shows that the respondents include Bohol Gov. Erico Aristotle Aumentado, and the board members of the Office of Government Accountability and Review (OGAR) consisting of former Cabinet Sec. Leoncio Evasco Jr., former Judge Suceso Arcamo, former Provincial Prosecutor Macario Delusa, former Tagbilaran City mayor Dan Neri Lim, and Emmanuel Ramasola.
To recall, OGAR recommended the filing of administrative charges against Pamugas for his alleged wrongdoings during the administration of former Gov. Arthur Yap.
OGAR is an office created by the Office of the Governor through Executive Order No.2 signed by Aumentado on June 30, 2022. Another EO 2-A was released on Dec. 16, 2022, expanding the coverage of OGAR.
Pamugas said that his petition “does not assail the provisions of the questioned Executive Orders pertaining to the objective towards reaching a clean governance and prioritizing the welfare of the Boholanos.”
Pamugas added: “The questioned Executive Orders are unconstitutional, and therefore invalid and inoperative.”
He then stated: “the local executive has no residual power like that of the President of the Philippines. The creation of any office is beyond the powers of the Governor. Hence, it cannot create any Office and appropriate its funds thereto.”
Another argument Pamugas said in his petition is: “the act of respondent governor is contrary to law and unconstitutional for violating the applicable provisions of the Local Government Code of 1991 and the Equal Protection Clause of the Constitution.”
Pamugas quipped: “the use of funds of the Office of the Governor for the operations of the OGAR and compensation of its personnel is illegal and constitutes malversation and violation of Republic Act (R.A.) 3019 and R.A. 9184.”
The petition is assailing the EO No. 2 and EO No. 2-A. In EO No. 2, the said office is mandated to investigate anomalies that happened prior to July 1, 2023. In EO 2-A, the OGAR is now tasked to probe anomalies that happen within the present administration.
“Invariably, this petition will also seek to declare the expenditures of public funds pursuant to the void executive orders as unlawful,” Pamugas said in his petition.
The OIC provincial agriculturist said, “The Petitioner would have preferred to seek a declaratory relief, but the existing circumstances have made it unavailable. There has already been a breach, injury, and serious controversy in this case, with breaches including the Governor issuing Executive Orders beyond his powers under the Local Government Code and the disbursement of public funds illegally. These breaches have resulted in numerous injuries to the Petitioner and his family, including public ridicule and the reduction of the rule of law as the matter was aired on social media instead of being brought before the proper fora.”
“There being no other plain, speedy and adequate remedy available in the ordinary course of law by which such reliefs can be obtained petitioner to seek recourse through the narrow remedies of certiorari and prohibition,” Pamugas quipped.
TIMELINES
It was only on Jan. 21, 2023 when Pamugas learned about the OGAR’s case against him. He learned about the case from a mediaman who operates a local newspaper (not The Bohol Tribune). Pamugas in his petition said the mediaman learned about the case from Evasco. The information added that the mediaman asked Pamugas if the latter already received a copy of the administrative complaint against him.
Hearing this, Pamugas felt anxious and stressed upon knowing that the OGAR, at that time, will be filing a case against him. Pamugas added that he had no idea about the accusations leveled by the OGAR against him.
The next day, Pamugas read in a newspaper (not The Bohol Tribune) that OGAR, at that time, will be filing an administrative case against him.
Later on, Pamugas learned that the OGAR recommended the filing of charges against him due to grave misconduct, gross neglect, and commission of an act punishable under the Anti-Graft and Corrupt Practices Act.
The petition also states that the evidence submitted by OGAR to Aumentado is focused on Pamugas’ role and function in the implementation of the Advanced Rice Technology (ART) 160 of former Gov. Arthur Yap.
The same source said that Pamugas, then learned that the members of OGAR granted media interviews about the administrative complaint as the main topic of the discussions in the interview.
“It is clearly established that OGAR through its Board of Directors, has persecuted petitioner long before he received a copy of the alleged administrative complaint against him,” the petition reads.
Pamugas continued: “OGAR, which was created through the subject Executive Orders issued by respondent Aumentado, has subjected petitioner to public hate, contempt and ridicule, as several people have read the news article(s), listened to the radio interviews and commented on the Facebook post.”
PRAYER
The petitioner is asking the court to declare null and void for being unconstitutional Aumentado’s executive orders.
Pamugas then petitions the court to compel the respondents to cease and desist from carrying the acts pursuant to the executive orders.
He also asks the court to direct the OGAR board members “to immediately account for all the public funds they received or used for compensation, operational expenses and other purpose, and for them to immediately return to the coffers of the government.”
“Pending the resolution of this case, issuing a Writ of Preliminary Injunction enjoining the respondent Aumentado, the Board of Directors of OGAR, respondents Leoncio Evasco Jr., Suceso Arcamo, Macario Delusa, Dan Lim and Emmanuel “Willy” Ramasola, acting on the basis of Executive Orders No. 2 and 2-A, from implementing the same or from carrying on acts or series of acts pursuant to the assailed executive orders, and upon final resolution of this case, making the injunction permanent,” the petition reads.
Meanwhile, the case is pending to be raffled off. The respondents will be given a chance to answer the allegations in the petition.