Withdrawal on resolution invalid

CEBU, Philippines - The Department of Interior and Local Government has invalidated the move of the Provincial Board withdrawing an earlier resolution authorizing a contract previously entered into by former governor, now third district Representative Gwendolyn Garcia.

 The PB last year had withdrawn its ratification of the two contracts entered into by Garcia involving the purchase of the 26 Sinotruk tourist buses amounting to P67.5 million and the P1.5 million construction of the new building of the National Bureau of Investigation.

 Provincial Secretary Aniceta Pasaylo had earlier sought the legal opinion of the DILG as to the effect of the recall of approved resolutions after ratification has been made.

 â€œAccordingly, once the authority has been given and the contract or agreement has already been entered and perfected, the Sangguniang Panlalawigan is not anymore at liberty to withdraw its Resolution authorizing the contract previously entered into by former Gov. Garcia as it would clearly impair and prejudice the vested right of the people, who is the real contracting party, conferred upon the perfection thereof,” said DILG-7 Regional Director Ananias Villacorta in a letter dated March 26, 2014.

 â€œThus, if the contract has already been ratified, then the provincial government  can be held liable for the payment of services rendered under the contract,” he added.

 Villacorta, however noted that the DILG opinion does not operate to make a declaration of the validity or invalidity of the subject contract, similar to what a court of law is empowered to decree.

 He said their opinion shall be centered only on the general principles of law particularly that of the Local Government Code of 1991 pertaining to the subject without delving on the accuracy or lack thereof of the facts relayed to them.

 Ultimately, Villacorta added that the regular courts have the authority to declare the status of the subject contract after ascertaining the facts and applicable laws.

 PB Member Arleigh Jay Sitoy moved to withdraw the two resolutions he earlier sponsored ratifying the contracts entered into by Garcia with ConEquip Philippines and DK Jocson Construction.

 Sitoy contended that Garcia did not secure the requisite authority from the board when she entered into these contracts. He claims that these contracts were ultra vires or not valid for lack of the required authority from the board.

 The ratification by the board would have cured the defect.  (FREEMAN)