Duterte and ‘superstar’ mayors

When President Duterte said last July 31 he (a) would have the police of a local government removed if illegal drugs would be tolerated there and (b) “slap the penalties” without waiting for the Ombudsman and the Sandiganbayan, people dwelt more on his reference to “superstar mayors” than on what he could lawfully do.

There are some of us who think that Duterte must have in his mind Cebu City Mayor Tomas Osmeña among the “superstar mayors.”

Defending Cadungog

Lately the mayor took the side of alleged “drug personality” Jessielou Cadungog, Tejero barangay councilor and former barangay captain who is also vice chairman of Opascor, the firm that controls stevedoring and arrastre business at Cebu International Port. He’d watch Cadungog’s back, Tomas said. The police may see that as coddling a person who is in the PNP and Duterte narco lists.

Duterte didn’t name the mayors but Tomas may qualify under Digong’s reference to politicians belonging to a long-entrenched political clan. But superstar or not, can a mayor be hounded under the president’s power of supervision over LGUs?

Removing the police

When Duterte said he can “remove” the police from an LGU, he must mean suspending or terminating the mayor’s authority as Napolcom deputy in administering the police. Not the physical pullout of troops from a town or city.

Duterte did that before: the Napolcom cut off, then later restored the deputy status of Mayor Osmeña. While in December 2015, Napolcom supposedly expanded the power of all mayors over the police, the right of “operational deployment and control” is more of rhetoric than actual clout. At least to Tomas, who felt he had been shut out from police decisions on dealing with peace and order. He could not even get the police chief of his choice, he griped.

He won’t wait

How about Duterte’s threat not to wait for the Ombudsman and the Sandiganbayan before “slapping” penalties on mayors who are not working? He must refer to administrative complaints filed with his office, not the cases filed with the anti-graft investigative body and the anti-graft court, which move on the ombud officials’ pace.

Duterte does not have to wait in suspending a mayor administratively. The president’s office, under Noynoy Aquino, suspended, twice, then mayor Mike Rama: in December 2015 and May 2016. The presidential power, which Digong uses in the campaign against illegal drugs, may also be used as political weapon, which Mike must now hope would be used against Tomas soon.

Supervision only

But here’s the big qualifier: the president has only the power of supervision, not control, over local governments.

His job concerns oversight, seeing to it that LGU officials “execute their tasks in accordance with law.” Duterte can issue advisories and seek LGUs’ cooperation in solving economic difficulties but he cannot “prevent them from performing their tasks.”

Duterte himself admits the limit on his power. He cannot “alter or withhold any authority or power given” LGUs by the law. Put simply, from the Supreme Court ruling of Drilon vs. Lim, cited in Pimentel Jr. vs. Aguirre (2001, GR# 132988): the president shall ascertain that the rules provided by law are followed but he cannot lay down the rules and has no authority to modify or replace them. Power of oversight but no restrictive authority.

Should that offer solace to superstar mayors whom Digong might go after?

Diminishing the star

Not much, it seems. The principle of “supervision, not control” helps in litigation where they tangle in the courts. But it may not be of substantial use when the president marshal his immense forces to diminish, if not snuff out, the light of a superstar local official.

Duterte can dangle projects and perks or withhold them, or otherwise make the life of a mayor and his LGU happy or miserable. He can get the mayor suspended in the crucial pre-election period, put him in his dreaded drug list, or in some other way publicly shame him.

While the President is given only supervision, not control, over LGUs, he wields other powers that can persuade or compel local officials to do his bidding