CEBU, Philippines - The Capitol is set to pay P67.5 million for 26 Sinotruk tourist buses purchased during the time of former governor, now third district Representative Gwendolyn Garcia.
Governor Hilario Davide III yesterday announced the money is ready. They are waiting for the supplier, ConEquip Philippines, to comply with the lacking documentary requirements.
“If they comply, we can authorize payment, the money is ready,†said Davide.
Davide pointed out that the Department of Interior and Local Government had already rendered its opinion, stating that approved resolution could no longer be withdrawn.
The DILG had invalidated the move of the Provincial Board withdrawing an earlier resolution authorizing contracts previously entered into by Garcia.
The PB last year had withdrawn its ratification of the two contracts entered into by Garcia: one involving the purchase of the said buses and another involving the P1.5-million construction of the new building of the National Bureau of Investigation.
Provincial Secretary Aniceta Pasaylo sought the legal opinion of the DILG as to the effect of the recall of approved resolutions after ratification has been made.
“Accordingly, 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,†read the letter of DILG-7 Regional Director Ananias Villacorta dated March 26, 2014.
“Thus, 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.
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)