Suspension of Abra Vice Governor halted by Court

BAGUIO CITY—A local court has granted the Petition for a Temporary Restraining Order (TRO) filed by Abra Vice Governor Joy Valera-Bernos, temporarily halting her suspension from office.

In the order issued by Judge Corpus B. Alzate of the Regional Trial Court, First Judicial Region, Branch 2 in Bangued, Abra, the TRO directs a cease and desist on the implementation of the suspension order imposed by the Deputy Executive Secretary for Legal Affairs (DESLA) of the Office of the President against Valera-Bernos.

To recall, DESLA ordered Valera-Bernos to vacate her office for 18 months, with the suspension order signed by Atty. Anna Liza G. Logan on 12 August 2024. This order was based on a complaint filed in December 2020 by Dr. A.C. Voltaire L. Seares, the medical director of Dr. Petronillo Seares Sr. Memorial Hospital.

Valera-Bernos, then the governor of Abra, was accused of oppression and abuse of authority, conduct unbecoming of a public official, and disobedience to national government policies for imposing a lockdown on Seares Hospital in Barangay Poblacion, La Paz, Abra.

The lockdown was prompted by a COVID-19 case involving a hospital nurse in June 2020. The provincial government’s response included erecting barricades around the hospital and placing Barangay Poblacion under Extreme Enhanced Community Quarantine. Dr. Seares claimed the lockdown deprived the public of essential services from the hospital.

Araceli San Jose, Regional Director of the Department of the Interior and Local Government (DILG) Cordillera, directed the immediate implementation of the suspension order against Valera-Bernos. In her petition, Valera-Bernos argued that the suspension order explicitly states that it should not exceed her unexpired term and cannot be enforced as she is currently serving as vice governor, not as governor. "The term of then-governor Maria Jocelyn V. Bernos has already expired," the petition noted.

The legal team of Valera-Bernos further argued that the DESLA decision is not yet final, as no certified true copy of the decision has been duly received by Valera-Bernos. They contended that Regional Director San Jose’s actions were premature, stating that the decision is both moot and academic and not yet final and executory.

The RTC’s decision to grant the TRO emphasized that the suspension of a local elective official cannot extend beyond their term of office. Further hearings on the case are scheduled for 6 and 9 September 2024.