Cebu Governor Gwendolyn Garcia is taking officials of the Bureau of Animal Industry (BAI) to court for their economically disruptive protocols in managing the supposed presence of African Swine Fever (ASF) in Cebu.
Lawyers from the Provincial Legal Office formally endorsed before the Office of the Ombudsman-Visayas at past 2:00 p.m. on Wednesday, March 29, the administrative complaint filed by Garcia against BAI officials for violations of 1) certain provisions of the Anti-Graft and Corrupt Practices Act; 2) the Local Government Code of 1991; and 3) the New Civil Code.
Respondents are Dr. Paul Limson, BAI director; Dr. Samuel Joseph Castro, deputy program coordinator; Dr. Joshua Cruz, BAI ASF coordinator; Dr. Miriam Lopez Vito, regional veterinary quarantine station; and Dr. Daniel Ventura Jr., Department of Agriculture-7 ASF coordinator.
Garcia lodged her complaint in her official capacity as Governor of the Province of Cebu, whose P11-billion hog industry is under attack by the measures implemented by BAI in relation to the alleged presence of African Swine Fever (ASF) in the Province.
In her complaint, the governor said that BAI implemented such measures — without giving the LGUs involved and the Cebu Provincial Government the courtesy of proper coordination — including zone mapping policy, culling of 141 healthy pigs in two barangays in Carcar City, as well as “irresponsible” pronouncements of an ASF outbreak in Cebu even without conclusive laboratory evidence.
These actions contributed to the disruption of the livelihoods of many Cebuanos whose hogs were culled, as well as the plummeting of pork prices in the province and the skyrocketing of prices of non-pork products.
“BAI also insists that there is an ASF outbreak in the Province of Cebu and the culling policy is the most effective way to contain the virus,” the governor said in her complaint. “This side-sweeping statement of the BAI has immediate impact on the livelihood of the Cebuanos."
In earlier press conferences, the governor had called BAI’s culling policy not only ineffective in containing ASF since there are still ASF cases today; but also an ominous pretext so that the same agency can issue permits for more pork importation, which further puts the local hog industry at a grave disadvantage since imported pork is cheaper.
She further stated that the BAI did not collaborate with the concerned local government in the implementation of the ASF programs as required under RA 7160.
"Clearly, without the slightest care and caution, and without even thinking that property and livelihood are at stake, respondents evidently just implemented a policy to get their tasks done and over with quickly albeit poorly," Garcia furthered.
She previously ordered the stoppage of culling of pigs in Carcar City and other areas in Cebu, as she doubted there was ASF infection in the two areas, saving at least 600 healthy hogs in Brgy. Guadalupe, Carcar which was then scheduled to be culled next. She also did away with the indiscriminate testing of hogs and ordered that testing should only be done on those that manifested symptoms.
The governor also lifted the zone mapping of LGUs supposedly affected by the ASF implemented by BAI. And with the help of leading laboratory service provider Prime Care and barangay officials and barangay volunteer workers, she initiated Cebu’s ASF protocols to be implemented even down the purok levels through the creation of the Barangay Swine Fever Task Force all over the Province.
The governor’s seven-page complaint-affidavit states that the accused government officials “acted with manifest partiality, evident bad faith, or gross inexcusable negligence” in the performance of their functions that “caused undue injury” to the Cebuanos and the Provincial Government, and that they should be held administratively liable. | (Ioannes P. Arong)
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