No conflict of interest in CH hiring of PR man

CEBU, Philippines - The Cebu City Legal Office found no conflict of interest in hiring, as City Hall consultant, the spokesperson of Filinvest Land Incorporated.

The CLO made the legal opinion after the City Council questioned the appointment of Cerwin Eviota as the city government’s consultant on development, communication, and training.

The City Council referred Eviota’s appointment to CLO after Councilor Margarita Osmeña raised a question of possible conflict of interest considering that the city government has issues with the FLI.

Mayor Michael Rama issued in May an ultimatum for FLI to settle its monetary obligation with the city government. The city earlier billed FLI at least P800 million for its joint venture agreement at the South Road Properties.

“In the instant case, there is no conflict of interest to speak of as defined by the Code of Conduct and Ethical Standards for Public Officials and Employees. Mr. Eviota is admittedly a spokesperson of Filinvest, Inc.,” the legal opinion reads.

“However, conflict of interest within the context of the said law only arises when the public official or employee concerned is a member of a board, or an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest of such corporation or business, or his rights or duties there in may be opposed to or affected by the faithful performance of official duty,” it added.

The legal opinion was drafted by lawyer Mary Rose Salvatierra.

Salvatierra said Eviota does not hold any managerial position nor does he maintain a “pecuniary interest” in FLI, adding that the obligations imposed upon by Eviota as consultant is not inconsistent with his position in FLI.

“And reflecting upon his previous performance, there seems to be no reason why his position should render him unable to carry out the assignment as consultant in the best interest of the procuring entity,” she said.

CLO said that the renewal of the contract of services of Eviota has been scrutinized by the Bids and Awards Committee, adding that any possibility of conflict of interest is presumed to have already looked into by BAC.

With this, the legal office recommended to the City Council to authorize Rama to sign the renewal of the contract of services entered by and between the city of Cebu and Eviota for the period of July to December.  (FREEMAN)