SURIGAO del Norte Representative Robert Ace Barbers today lauded the order of the Office of the President suspending CHED Commissioner Adrin Darilag and ordering an investigation on charges of grave misconduct against said commissioner.
Barbers however said that the investigation should not only be confined to Darilag but should extend to all CHED Commissioners including its Chairman even if there are no pending charges against them.
“I am elated at the swift action of the Office of the President. This shows our President’s resolve to rid our government agencies of corrupt, incompetent and undeserving officials. They are being paid by the people and it is very embarrasing when they do not perform their duties as public servants honestly and beyond reproach,” Barbers said.
“Investigations should not be limited to those with pending cases. All actions and pronouncements of the other Commissioners including its Chairman should also be reviewed to find out whether they are acting with competence in the discharge of their duties. If there are questionable rulings, opinions, actions manifesting gross ignorance of the laws and evident partiality, they must be meted with penalties allowed by law and replaced immediately should they cling to their posts and refuse to resign,” Barbers said.
“I have voiced my observation and displeasure at some highly questionable actions of the Commission. I was right about Commissioner Libre. But there are other actions of the Commission that need to be reviewed such as its alleged engagement for a fee of the Office of the Solicitor General to render legal advice and opinions on matters concerning interpretations of RA 8292 and such other laws governing the Commission. This was proudly revealed and announced by ex-Commissioner Libre in one of the SUC board meetings he presided over last December. Yet despite the presence of two OSG lawyers in the board meeting, the question on the prohibition of elected officials to be appointed in other government positions in any capacity couldn’t be addressed, when an elected barangay kagawad continued to sit as member of the governing board of that SUC. More importantly, when asked if the term limit of eight years for SUC Presidents has been amended already, both CHED and the OSG lawyers could not categorically reply. It seems that at least in that instance, CHED tried to evade responsibility in taking an official position and delegated that function to the OSG which is to my thinking, highly irregular at the least,” Barbers said.
“If this is now the practice of CHED as announced by Libre, it renders the legal department of CHED totally useless and puts in question the propriety if not legality of engaging the OSG as the agency’s legal team, in the absence of actual controversy in our courts”, Barbers said.
“Is this alleged practice allowed, if ever? The OSG has its hands full as the lawyers of the government in cases where the government is hailed to courts or made to state an official legal position. If all agencies can hire the services of the OSG in substitution of their legal departments and included in their payrolls, there will be nobody left defending the government in courts. And this alleged practice violates the Constitution and the laws on double compensation and conflict of interest to say the least. The OSG could be tying its hands or be estopped should an actual controvery arise,” Barbers added.
“In meetings of the governing board of an SUC under my jurisdiction, the lawyers from OSG were present and the CHED Commisioners who presided as Chairmen made the OSG lawyers to comment on legal questions. Is this normal? They have disregarded their legal department whose head and staff may now enjoy holidays and travels abroad and other extra legal affairs,” Barbers said.
