Out of DILG’s hands

This refers to the article titled “Robredo sued over Cebu reclamation project” (Inquirer, 3/11/12), specifically on the alleged inaction of Interior Secretary Jesse Robredo and Director Ananias Villacorta (Department of the Interior and Local Government-Region 7) on the complaint filed by the Philippine Earth Justice Center Inc. (PEJCI) in connection with the Cordova reclamation project in Cebu province.

In the interest of justice and fair play, Secretary Robredo should have been given the opportunity to give his side on the issue, after all he has always maintained an open communication line with the media.

Similarly, if only PEJCI waited for the DILG’s reply to its March 5 letter, it would have been told that the Cordova reclamation is a matter that the DILG cannot anymore decide or act on because the project had been issued an environmental compliance certificate (ECC) by the Department of Environment and Natural Resources and is covered by a Cebu provincial ordinance.

The allegation against DILG officials and their alleged failure to act on the Cordova issue are without legal and factual basis.

First of all, contrary to PEJCI’s claim, the DILG acted promptly and clarified its position on PEJCI’s concerns about the reclamation project.

While the DILG only got hold of the group’s letter (dated Feb. 14, 2012) last Feb. 29, Director Villacorta responded to it on March 2, and to its March 5 letter on March 8.

Secondly, the DILG on its own could not conduct or proceed with a formal investigation because it has no such authority, unless given by the Office of the President.

Thirdly, PEJCI’s complaint was filed prematurely. Besides, the DILG regional office had already acted on the letter-request, which prompted its central office to defer any further action.

Lastly, Secretary Robredo has no authority to restrain the actions done by local government officials in the performance of their duties, unless their actions are declared so as ultra vires or illegal by the proper courts.

The DILG is not an adjudicatory body per se, and the law is clear that it can only exercise delegated investigative power when a verified complaint for an administrative case has been filed before the Office of the President against provincial or city officials. In this case, the complaint was filed before the Ombudsman, not with the Office of the President.

This definitely is not a case of inaction on the DILG’s part.

Even so, we view this lawsuit as another challenge for the DILG, and we eagerly anticipate its resolution because we believe that in the end, the good secretary’s name will be cleared.

—ARIEL B. TANANGONAN,

officer in charge, Office of Public Affairs,

Department of the Interior

and Local Government