COA: Appointment of Don Durano invalid

CEBU, Philippines - The Commission on Audit (COA) 7 said the appointment of former Danao City mayor Jesus “Don” Durano as city administrator was invalid and the corresponding salaries and allowances paid on the actual services rendered could not be allowed.

In a letter to Vice Mayor Ramon “Nito” Durano III, copy of which was made available to The Freeman, State Auditor III Carlota Saromines said the appointment was invalid because it was done on April 18, 2011 or within the one-year prohibition as provided in Section 94B of the Local Government Code.

Don ran during the May 10, 2010 elections but lost.

Because of the prohibition, according to Saromines, the corresponding salaries and allowances paid to Don for actual services he rendered also cannot be allowed.

Paragraph B, Section 94 of the Local Government Code provides among others that,“ No candidate who lost in any election shall, within one year after such election, be appointed to any office in the government or any government-owned or controlled corporations or in any of their subsidiaries.

Since the appointment of the City Administrator referring to Don Durano issued on April 18, 2011 is within the one-year prohibition and contrary to Section 94B of the Local Government Code, it constitutes the appointment invalid, Saromines stressed.

Nito wrote a letter to Saromines inquiring the legality of the disbursements for the salary and allowances of the city administrator whose appointment is without the concurrence of the City Council and attestation from the Civil Service Commission.

He asked COA regional office to look into the propriety and legality of all these disbursements considering the absence of supporting documents to warrant their release. He cited the Council’s rejection of Don’s appointment on the ground that he does not possess all the qualifications to occupy the said position.

Aside from Don’s salary, subject of Nito’s inquiry with COA are his representation and travel allowance. He was appointed on April 18, 2011 as city administrator replacing Oscar Rodriquez, Jr. who was terminated on April 15, 2011.

Don’s salary covered only the period from May 1-10, 2011 and the next salary was for the period May 18-31, 2011.

On May 10, 2011, the City Council rejected the appointment of Don through resolution No. 112 for violation of the Lamduck Rule and concealment of material fact in his Personal Data Sheet.

Despite the rejection of his first appointment as City Administrator on April 18, 2011, Don was reappointed eight times from May 18, 2011 to November 16, 2011, all of which were rejected by the City Council for the same reasons enumerated under Resolution No. 112. – (FREEMAN)