BAGUIO, Philippines – The Regional Trial Court (RTC) in Abra issued a 20-day temporary restraining order (TRO) against the suspension of Abra Vice Governor Maria Jocelyn Valera-Bernos.
RTC Branch 2 Judge Corpuz Alzate on Monday, September 2, granted Valera-Bernos’ petition, challenging the directive of the Department of the Interior and Local Government (DILG) to immediately implement Malacanang’s suspension order.
The directive to enforce the suspension on August 19 was given by DILG Cordillera Regional Director Araceli San Jose to DILG Abra head April Bangcawayan. This was after the Office of the President ordered the 18-month suspension on August 12, citing allegations of oppression, abuse of authority, and conduct unbecoming of a public official over Valera-Bernos’ decision to lockdown Dr. Petronillo Seares Sr. Memorial Hospital during the height of the COVID-19 pandemic when she was governor.
What the local court says
In the five-page decision obtained by Rappler on Thursday, September 5, Judge Alzate said San Jose’s action had a basis but failed to meet a key requirement: the memorandum to enforce the suspension “was issued WITHOUT verifying whether or not the decision has in fact been officially received by the petitioner herein.”
He added: “Given that the actual receipt of the decision by the party is the single operative act that makes the decision final and executory, the respondent DILG RD should have first checked whether this requirement has in fact been satisfied.”
The court ruled that San Jose’s failure to confirm this made the implementation of the suspension a “grave abuse of discretion amounting to lack of jurisdiction.”
“Thus, all actions by any and all agents or persons deriving authority therefrom are rendered nugatory,” Alzate added.
Alzate also noted a strong challenge to the legality of enforcing the order from Malacañang since Valera-Bernos is now the vice governor, while the suspension pertains to an act committed while she was governor. The judge cited a DILG legal opinion, stating, “a local elective official’s service of suspension cannot go beyond his term of office.”
Malacañang’s order was signed by Deputy Executive Secretary for Legal Affairs Anna Liza Logan, by the authority of Executive Secretary Lucas Bersamin.
What is the basis of the suspension order
The case stemmed from a December 2020 administrative complaint filed by Dr. Voltaire Seares, medical director of the Dr. Petronillo Seares Sr. Memorial Hospital, after the facility was placed under lockdown by the capitol.
Valera-Bernos’s order came after a nursing attendant tested positive for COVID-19, leading to the hospital’s barricading and the declaration of an extreme enhanced community quarantine in Barangay Poblacion, La Paz.
In his complaint, the physician alleged that police stationed at the barricades prevented anyone inside the hospital from leaving, including those with negative RT-PCR test results.
“As a result of [then] Governor Valera-Bernos’ acts, the freedom of movement and rights to travel of the various persons trapped inside the hospital were violated, resulting in undue injury and prejudice,” Dr. Seares said.
He argued that the lockdown restricted the rights of hospital owners, physicians, and other medical practitioners to exercise their profession and prevented Abra residents from accessing healthcare.
Seares further contended that Valera-Bernos unilaterally imposed the lockdown, contrary to the DILG guidelines, which mandated that hospitals remained open under any degree of community quarantine.
Valera-Bernos denied ordering the hospital’s closure, stating that her lockdown advisory was intended for disinfection and sanitation, and to prevent the spread of the virus.
She also argued that during a pandemic, the right to property and liberty must yield to the general welfare.
‘Intentions immaterial’
In its decision, the Office of the President concluded that Valera-Bernos ordered the hospital lockdown and designated the quarantine level of Poblacion, La Paz, without the concurrence of the Cordillera Administrative Region Interagency Task Force (CAR-IATF). The office noted her failure to rescind the order from June 5, 2020, to July 3, 2020, despite guidance from the DILG and CAR-IATF.
“Indubitably, the act of Governor Valera-Bernos was a clear contravention of Executive Order No. 112, Series of 2020, and existing IATF guidelines,” the decision stated, adding that these violations of national policies rendered her intentions “immaterial.”
The decision emphasized, “While this office notes Governor Valera-Bernos’ defense that she acted in the interest of public safety and the general welfare of Abreños…her actions spoke otherwise.”
‘Politically motivated’
In an August 22 statement, Valera-Bernos claimed her suspension was a “gandat nga mangmulit iti kinataok ken kabaelak nga agserbi iti probinsya (an effort to destroy my reputation and ability to serve the province).”
She said the Office of the Ombudsman dismissed a similar complaint in May 2022, ruling that her actions were done in good faith and within her responsibilities at the time.
The vice governor maintained that her actions were for public welfare, not targeting any specific hospital. She said, “[It was] necessary and immediate action to mitigate the probable spread of the virus when at that time no known control and vaccine were available.”
“We should not allow those behind this politically motivated character and reputation attack against me to succeed,” she added.
Election preview?
On September 2, Valera-Bernos posted a photo of the Sangguniang Panlalawigan hall on Facebook, along with the order of business for its regular session. In the post, she wrote: “Let us keep politics at bay for now. We are here to do our jobs as mandated by law, with respect, honor, and dignity.”
While Valera-Bernos did not mention any specific party when she claimed that the suspension was an attempt to damage her reputation, it is widely known that her family, the Valeras, competed against the Bersamins and Lunas in the 2022 elections.
Valera-Bernos defeated Chari Bersamin, daughter of the late Representative Luis “Chito” Bersamin, and Roger Luna, in the vice governor race. Her father, then-Bangued Mayor Dominic Valera, won the governorship against former governor Eustaquio Bersamin and Deydey Luna-Ifurong. Meanwhile, Dominic’s wife, Mila Valera, beat Ryan Luna and Anne Bersamin for the Bangued mayoral seat.
Chari and Anne are the nieces and Eustaquio is the brother of Executvie Secretary Lucas Bersamin. – Rappler.com