TAGBILARAN CITY, Bohol – A regional trial court (RTC) has issued a gag order against the Office of Governance, Accountability and Review (OGAR), a newly created body under the provincial government that aims to review and investigate alleged anomalies and corruption cases.
RTC Branch 2 Presiding Judge Jennifer Chavez Marcos ordered OGAR directors and members to stop making any public comment or report that would implicate or insinuate any illegal conduct or activity of individuals or entities under their investigation.
The order was issued on March 3, 2023 in response to a petition filed by Larry Pamugas, head of the provincial agriculture office who claimed that he was harassed and threatened by OGAR.
Pamugas also accused OGAR of being biased and partisan in favor of Governor Erico Aristotle Aumentado, who created the office through an executive order last July 1.
OGAR is headed by former Cabinet secretary Leoncio Evasco Jr., who ran against former Bohol governor Art Yap in the 2019 gubernatorial race but lost by a slim margin.
Other OGAR directors include Suceso Arcamo, Macario Delusa, Dan Lim and Emmanuel “Willy” Ramasola.
Judge Marcos warned that any violation of the gag order would constitute contempt of court and may be subject to sanctions.
She also directed OGAR to furnish copies of the order to Pamugas and his counsel, as well as all media outlets in Bohol.
OGAR has not yet issued any statement on the court order as of press time.
Meanwhile, the same court denied the TRO sought by Pamugas.
The court has denied the motion for a temporary restraining order (TRO) filed by Pamugas.
Pamugas filed a petition for certiorari, prohibition and injunction with prayer for TRO and/or writ of preliminary injunction against Aumentado and OGAR officials on February 10, 2023.
He claimed that OGAR was illegally constituted and had no authority to investigate him for alleged irregularities in his previous office.
He also alleged that OGAR officials had been publicly maligning him through social media, newspapers and radio even before filing any formal charges against him.
However, the court ruled that Pamugas failed to show any irreparable injury that would warrant the issuance of a TRO.
The court said that OGAR’s function was merely to gather evidence and recommend the filing of an administrative complaint against Pamugas if warranted.
The court also noted that Pamugas had not presented any proof that OGAR officials had violated his right to due process or presumption of innocence.
The court set the hearing for the main petition on March 15, 2023 at 8:30 a.m.
OGAR was established by Aumentado through Executive Order No. 1 on July 1, 2022 as part of his campaign promise to fight alleged corruption and improve governance in Bohol. The office is composed of lawyers, accountants and investigators who conduct fact-finding inquiries on complaints involving provincial government officials and employees.