No Capitol permission, no national projects: Garcia

Last updated Mar 19, 2023

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Cebu Governor Gwen Garcia has prohibited all national agencies and offices from planning or carrying out projects in the province without first consulting the provincial government and receiving approval from the local legislature.

“No national agency and/or office shall plan and implement any project within the territorial jurisdiction of the Province of Cebu without prior consultation from the Provincial Government of Cebu,” Garcia said in Memorandum 7-2023 issued on March 17, 2023.

Garcia’s memo was addressed to the Department of Agriculture (DA), Department of Public Works and Highways, Department of Education, Department of Health, Department of Transportation, Department of Tourism, Department of Environment and Natural Resources, Philippine National Police and “all concerned.” (https://bit.ly/403M4rB)

She issued the latest memorandum on the same day she ordered to stop the pig cull in Cebu to deal with the threat of African swine fever, without prior approval from the Capitol.

In Memorandum 7-2023, Garcia noted that Section 25(b) of Republic Act 7160, or the Local Government Code (LGC) of 1991 requires national agencies and offices with project implementation functions to “coordinate with and ensure the participation of local government units” in the planning and implementation of national projects.

Section 2(c) of the LGC, she added, tasks national agencies and offices to consult with the local government units concerned before implementing any project or program.

She also reminded national officials or employees stationed in or assigned to the province that Section 465 of the LGC gives governors the authory to consult with and make recommendations on matters affecting the province, as well as to coordinate with them in the formulation and implementation of plans, programs and projects.

The same section also empowers her to initiate administrative or judicial action against any national government official or employee “who may have committed an offense in the performance of his official duties while stationed in or assigned to the province,” added Garcia.

The governor also cited Section 26 of the LGC that alsi requires government-owned or -controlled corporations that authorize or are involved in planning and implementing any project or program “that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover and extinction of animal or plant species” to consult with the LGUs and other stakeholders concerned to explain the goals of such projects or programs, their environmental impact and the measures to be taken to prevent or minimize their adverse effects.