Ombuds: Solicitations sans permit is illegal; CCMC fund drive needs a permit

CEBU, Philippines - The Cebu City government’s “Piso Mo, Hospital Ko” campaign is illegal because it has no permit, according to Deputy Ombudsman for the Visayas Pelagio Apostol.

Apostol said that solicitations made without the necessary permits is prohibited by law and if the city government failed to secure a permit from the Department of Social Welfare and Development (DSWD) for the campaign, it should be stopped immediately or city officials may face charges.

The city government launched the “Piso Mo, Hospital Ko” campaign last month, after the 7.2 magnitude earthquake that hit the Visayas left the Cebu City Medical Center (CCMC) severely damaged.

The proceeds of the campaign will be used to fund the rebuilding of the CCMC, which was declared unsafe to use by the Office of the Building Official (OBO).

But Apostol said no matter how noble the intentions of the campaign are, there are still rules to follow when it comes to the solicitation of funds.

Under the law, the Deputy Ombudsman said, solicitations for personal benefit initiated by a government official is prohibited. However, solicitations for public purpose are not prohibited provided the soliciting entity complies with the requirements.

“If  the solicitation is within the municipality or city, there must be a permit coming from the mayor.  If  the solicitation is in a regional area, they must secure a permit from DSWD in the region. In the national area, the permit must come from the secretary of the DSWD,” he stressed.

Since the “Piso Mo, Hospital Ko” campaign was initiated by the city government, a permit from the DSWD regional office must be secured.

Apostol added that the one in-charge of the solicitation campaign must also issue acknowledgement receipts to donors for purposes of accounting. “There must be an accounting, if there’s none, then that’s illegal,” he said.

Apostol likewise mentioned that city officials may also face a problem regarding the campaign when it comes to Section 7 (Prohibited acts and transactions) paragraph D (Solicitation or acceptance of gifts) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

“If there is an error it must be corrected immediately,” Apostol said.

As of  November 21, the Cebu City Treasurer’s Office reported that the “Piso Mo, Hospital Ko” fund drive has accumulated P7,811,092.16 in donations from various individuals and institutions. It is also the City Treasurer’s Office that issues official receipts to donors.

Money raised from water gallons stationed in key areas at the City Hall and at the Bureau of Fire Protection 7 compound where the CCMC is temporarily staying are counted at the City Public Information Office, with a member of a local media outlet in attendance.

The estimated amount for the cost of the reconstruction of the CCMC is P1.5 billion.

Campaign chairperson, City Councilor Mary Ann Delos Santos yesterday said they will secure the permit pointed out by Apostol, but wondered how such concern was issued a month after the launch.

“I will talk to all stakeholders of Piso Mo Hospital Ko about this. This is the first time I have heard of this. Just want to ask how come the Ombudsman has an interest on this? Is there a complainant?” delos Santos said in a text message.

Former councilor and now executive assistant to the mayor Atty. Joey Daluz, meanwhile, lauded Apostol’s “reminder.”

“We will follow the procedure first. We will do what is required. We thank the deputy ombudsman for this reminder,” Daluz said.

City information officer Florito “Carlo” Dugaduga, for his part, viewed the Ombudsman’s comment as unnecessary and instead urged Apostol to contribute to the efforts to rebuild the quake-damaged city hospital.

“Mas maayo tingali ug dili nalang niya komentaryohan. Inay mureklamo, ako siyang gihagit nga mutabang sa maong kampanya. Malipay gyud ta kung muhatag siya sa iyang piso kay nakatabang sya sa atong paningkamot,” Dugaduga said.

He further urged those who question the fund drive to file a formal complaint so that the city government will answer them in the proper forum.

Cebu City Mayor Michael Rama is not available for comment as he is still out of the country after watching the Pacquiao - Rios fight in Macau. Likewise, Vice Mayor Edgardo Labella is also on an official trip to Iloilo-Capiz-Negros Occidental to give financial assistance to typhoon-stricken LGUs. â€” /QSB (FREEMAN)