SC ruled projects must pass thru PB – Magpale

CEBU, Philippines - Vice Governor Agnes Magpale used a previous case against Governor Gwendolyn Garcia to point out that the budget for subsequent developments on province-owned properties would need to go through the Sangguniang Panlungsod.

In a press conference yesterday, Magpale showed the Supreme Court ruling on a case filed by then Provincial Board Member Gabriel Luis Quisumbing and other members of the SP against Garcia on projects that did not go through the board.

In the same argument as with the Balili development, Garcia cited the provisions of the local government code stating that further developments do not need to pass through the board as it is under the executive department.

Also, contrary to the claim of Magpale and Davide that the budget for the development was not included in the appropriations ordinance, Garcia mentioned that the budget was included under site development which includes airport, seaport and other infrastructure plans.

However, Magpale used a part of the Supreme Court ruling stating that items in the budget would need to be specified and should not be lumped as confirmed with the Department of Budget and Management.

According to the ruling,“On the other hand, should the appropriation ordinance describe the projects in generic terms such as “infrastructure projects,” “inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems projects,” “reclamation projects” or “roads and bridges,” there is an obvious need for a covering contract for every specific project that in turn requires approval by the sanggunian.

“Specific sanggunian approval may also be required for the purchase of goods and services which are neither specified in the appropriation ordinance nor encompassed within the regular personal services and maintenance operating expenses,” the ruling also stated.

With this, Magpale said that whether there is a general appropriation, sufficient details should be included.

PB member Arleigh Sitoy said that he believes he was not present during the previous budget hearings since he was the only oppostion board member and did not see the point in attending.

“I think I was absent, ako raman gud to usa opposition so I found it futile to be attending the budget hearings.”

Further, Magpale pointed out that it is not the purchase of the property that is being questioned but the subsequent developments.

She said that they are just asking to be furnished with the contracts and papers so they can review them and not a full powerpoint presentation.

Governor Garcia earlier said that they would be having a formal presentation on the details of the property and the development.

Garcia said private stakeholders, the media and the board members are invited to watch.

But Magpale said that she does not want to attend a lengthy presentation.

Meanwhile,  Deputy Ombudsman for the Visayas Pelagio Apostol revealed that Ombudsman Conchita Carpio-Morales is interested to know more about the developments in the Balili Property.

In a GMA-7 report, Apostol said there is a possibility of an issuance of a cease and desist order against the reported “reclamation” made in the said property.

Apostol went to Manila to personally meet with Morales.

As of now, he said he is still waiting for Morales’s order to investigate the matter.

But if there is a complaint filed before his office in relation to the development made in the Balili Property, they will immediately conduct an investigation including the use of P27 million for the development.

Apostol added his office is hoping that the Provincial Government will not develop the submerged area which is considered an evidence in relation to the case pending before the Sandiganbayan against Garcia and several other Capitol officials.

The Provincial government purchased the property in 2008 for P98.9 million.

Garcia entered into an agreement with the Balili to buy a portion of the Balili

Estate in Naga, Cebu, with an area of 24.9 hectares. However, at least 19  hectares of the land were underwater.  — (FREEMAN)