As this entails realignment of the budget as well, questions were however raised on how the P86-million budget can be realigned without possibly violating any pertinent rules of the Commission on Audit and without breaching the contract with the contractor of the project during the RDC council meeting held in Tagbilaran City, Bohol, yesterday.
During the deliberation of the proposed resolution covering the request to DPWH and Del Mar, Cebu City planning and development coordinator Nigel Paul Villarete suggested that the opinion of the DPWH and the Department of Budget and Management should be first solicited.
However, DBM regional director Carmela Fernan said they can only realign budget appropriated under the Priority Development Fund of Del Mar within the two-year validity period, adding that the fund should be obligated within the said period.
Otherwise, she pointed if obligation is made after the validity of the Special Allotment Release Order for the said funds then obligation becomes invalid and the budget will revert back to the general fund.
Nevertheless, P14 million of the budget is already obligated to the WT Construction, the winning bidder of the proposed plan to construct a flyover along Juan Luna Avenue.
According to Luis Galang, head of the planning office of DPWH, there is no validity period for the obligated amount.
However, both Galang and DPWH regional director Marlina Alvizo agreed that if the project is moved to another site they might run the risk of facing legal questions, as WT might run after them so that the matter would have to be referred to their legal office.
But since only the P14 million of the total contract amount was obligated, the remaining budget has to be obligated as well but the problem is that the implementation of the project was aborted due to clamors to have the project be transferred to Banilad.
A huge chunk of the P86-million budget for the said project is to be taken from the PDAF of del Mar.
According to Alvizo, P14 million of the project is already budgeted in 2001, another P17 million is budgeted in 2005 but is yet to be obligated. All these are budgeted under the PDAF of Del Mar.
But since DPWH is currently operating on an enacted budget, the additional P48 million funds for the project has yet to be released so that the funds can be considered non-existent as yet, according to Fernan. - Cristina C. Birondo