V-Gov. Concepcion Lim, making no pretentions that there's no love lost between her and Senior Board Member Dionisio Balite, put one over her political nemesis by appointing another Sangguniang Panlalawigan member as acting vice governor instead of naming the Valencia lawmaker as the number two official in an acting capacity. The animosity between two Valencia stalwarts broke into an open warfare when Balite denounced in no uncertain terms Lim's actuations after appointing Board Member Yul Lopez as acting vice governor. The temporary vacancy arose when Gov. Edgar Chatto left for China last October paving the way for Lim to assume as acting governor.

By operation of law, Balite should have assumed the post of acting vice governor but Lim has another personality in mind, his party mate from Loon-- Lopez. Refusing to take the provocation sitting down, Balite delivered a privilege speech denouncing Lim for her by-pass decision. In his speech, Balite, questioned Lopez' designation while the governor took a leave of absence in the wake of a China trip last October. Citing Lim for ignorance of the law which according to Balite excuses no one, Lim did not allow Balite's tirades to fall in deaf ears.  Upon hearing this  and while presiding the session last Friday, Lim was on the defensive trying to stop Balite to continue his speech by pounding the gavel several times but to no avail as the latter remained unperturbed.

This was not the first time Lim and Balite clashed. They already did during the inaugural session where the former tried “to skip” the observance of the SP's house rules in governing the conduct of the session. But Balite could not be appeased adding he wanted to religiously follow the internal rules for an orderly session. Balite was instead told by Lim to wait until he became the vice-governor. Lim issued Memorandum Order No. 37, 2010 designating Lopez OIC vice-governor despite the fact that he (Lopez) is second highest ranking member of the board, lower than Balite. Balite got a total of 114,720 votes cast in 3 rd district board members that made him senior board member and top notcher among the board members-elect on May 10, 2010 elections. Balite explained that he did not react immediately upon learning that he was put in the sideline or his being a senior board member who was apparently ignored by Lim. He said that he referred the matter to the legal department of the Department of Interior and Local Government (DILG) for opinion or ruling.

Balite got what he expected from DILG. DILG ruled that “vice-governors have not been conferred with such power (designating an OIC for vice-governor's office) by the Local Government Code,” this according to Regional Director Pedro A. Noval, Jr. in his reply to Balite dated December 2, 2010. Noval supported the DILG ruling by citing Supreme Court cases: Menzon vs. Petilla (G.R. 90762, May 20, 1991) and Gamboa vs. Aguirre (G.R. No. 13413. July 20, 1999) despite the fact that section 46 of the Code “is silent as to the mode of succession in case of temporary vacancy in the office of the vice-governor.” By operation of the law, “The highest ranking SP member shall, although temporarily, automatically exercise the powers and perform the duties and functions of the vice-governor as acting vice-governor during the temporary vacancy in the office of the vice-governor by reason of the latter's assumption as acting governor.” Balite said that the issuance of the Memorandum Order No. 37 is not only illegal but an “utter lack of legal consultation.” Balite minced no words by demanding that legal remedies be made to rectify the mistake of the vice-governor in appointing Lopez as OIC vice-governor.