It's your weekly compendium of foolishness and corruption in the Philippine government.
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| https://mb.com.ph/2024/5/9/pnp-sacks-cop-for-unauthorized-use-of-edsa-busway-evading-enforcers |
The Philippine National Police (PNP) has ordered the relief of a policeman who was accused of evading operatives of the Special Action and Intelligence Committee for Transportation (SAICT) when he entered the EDSA Busway using a marked police vehicle.
PNP spokesperson Col. Jean Fajardo said the policeman is the authorized driver of the PNP van that was traced to be registered to the Police Regional Office 10 in Northern Mindanao.
“The driver was already relieved for failure to follow specific instructions,” said Fajardo.
The SAICT has been very aggressive in enforcing the rules as to the authorized vehicles allowed to travel along the EDSA Busway. The vehicle driven by the policeman is not included in the list of those allowed.
According to Fajardo, PNP marked vehicles are only allowed to use the EDSA Busway if they are in the actual performance of duty.
In the case of the relieved cop, he was traced to be assigned to the liaison office of Police Regional Office 10 at the National Headquarters at Camp Crame in Quezon City.
Fajardo’s statement came after the Department of Transportation (DOTr) directed on Thursday, May 8, the Land Transportation Office (LTO) to issue a show cause order against the driver of a white PNP van.
This was after he evaded SAICT) operatives after the PNP was flagged down for illegally passing through the EDSA busway, specifically at the northbound of Ortigas station on Wednesday afternoon, May 7.
The DOTr said the driver PNP van disregarded two operatives of Special Operations Unit (SOU) and sped away to the northbound part of busway station when the said operatives attempted to flag down the PNP van.
A PNP officer has been sacked for using the EDSA bus lane and evading authorites.
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| https://mb.com.ph/2024/5/9/criminal-charges-filed-before-ombudsman-vs-oic-esteban-of-pea-tollways-corp |
Criminal complaints have been filed before the Office of the Ombudsman (OMB) against Dioscoro E. Esteban Jr., officer-in-charge (OIC) of the PEA Tollways Corp. (PEATC), for "unlawful actions" in allegedly misrepresenting the firm and reportedly maligning the Cavitex Infrastructure Corporation (CIC) as a "corrupt" private firm.
The complaint was filed by CIC through Atty. Criselda M. Funelas, head of the legal services.
In its complaint, CIC asked the OMB to hold Esteban criminally liable for perjury under Article 183 of the Revised Penal Code (RPC), usurpation of authority under Article 171 of the RPC, slander under Article 358 of the RPC, and for violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
PEATC is a wholly-owned subsidiary of the Philippine Reclamation Authority (PRA), formerly Public Estates Authority, and attached to the Department of Environment and Natural Resources (DENR).
In her complaint-affidavit received by the OMB last May 6, Funelas said that the CIC is responsible for the design, construction, and financing of the Manila-Cavite Toll Expressway Project (MCTEP), now more popularly known as Cavitex, while PRA will be responsible for operating it.
She said that the legal issues against Esteban started when he terminated the legal services of the Office of the Government Corporate Counsel (OGCC) effective Jan. 31, 2024. The OGCC, for its part, rejected the termination in a letter dated Feb. 19, 2024 and cited the authority of the OGCC to act as statutory legal counsel and primary law office of government owned and controlled corporations (GOCCs), she said..
Despite the rejection of the termination, Esteban still hired and engaged the legal services of four private law practitioners -- lawyers Sylvester P. Golez, Antonio Enrile Inton Jr., Jaime R. Tejero III, and Tyronne O. Alvarez, Funelas said.
She alleged that Esteban, through the PEATC, sent a demand letter to CIC. He demanded full transition of operations and maintenance (O&M) to PEATC, transfer point of sale (POS) to and register them under the name of PEATC, and transfer all of contracts for goods and services required in the O&M of the project to PEATC, among many other things.
The PEATC and CIC went back and forth with this issue until the private lawyers of PEATC filed a Petition for Mandamus on March 15, 2024 against CIC and Funelas before the Court of Appeals (CA).
Funelas said in her complaint that Esteban and his lawyers later even went on a press tour, "relentlessly spreading false and misleading assertions... to the substantial detriment of CIC." Esteban even accused CIC of being a "corrupt" private corporation, she said.
Funelas told the OMB that Esteban had no authority to act on behalf of PEATC, particularly in filing the Petition for Mandamus, because he is merely appointed as OIC. "In fact, his verification is not supported by a Secretary's Certificate or any other document explicitly authorizing him to represent PEATC in the petition filed," she said.
Esteban was also accused of "acting beyond his authority" when he fired the OGCC and hired the legal services of four private practitioners. As for the defamatory statements he made against the CIC, Funelas said that Esteban should be charged with slander.
"Respondent's imputation of corruption against CIC was made with malice and with the intent to cause dishonor, discredit, or contempt of CIC in order to stir public opinion against it while the petition is still pending," the complaint said.
Criminal complaints have been filed before the Office of the Ombudsma against Dioscoro E. Esteban Jr., officer-in-charge of the PEA Tollways Corp., for "unlawful actions" in allegedly misrepresenting the firm and reportedly maligning the Cavitex Infrastructure Corporation as a "corrupt" private firm.
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| https://www.philstar.com/headlines/2024/05/10/2353979/ombudsman-affirms-raps-vs-ex-dbm-execs-pharmally-mess |
The Office of the Ombudsman has affirmed its earlier ruling finding probable cause to file graft cases before the Sandiganbayan against former top officials of the Procurement Service of the Department of Budget and Management (PS-DBM) in connection with the Pharmally procurement mess amounting to P11.5 billion.
In an 18-page order approved by Ombudsman Samuel Martires on May 2, the anti-graft agency denied the supplemental motion for reconsideration of former PS-DBM executive director Lloyd Christopher Lao, seeking the reversal of its Aug. 14, 2023 resolution finding probable cause to file graft charges against him and several other former PS-DBM officials.
The ombudsman found no merit in Lao’s argument that the awarding of supply contracts worth billions of pesos to Pharmally Pharmaceutical Corp. was done in good faith.
Lao, in his motion, argued that Republic Act 11469 or the Bayanihan To Heal as One Act and the Government Procurement Policy Board Resolution No. 01-2020 neither require a minimum number of years of corporate existence nor a minimum paid-up capital to be considered a legally, technically and financially capable bidder.
The ombudsman, however, maintained that the procurement transactions were attended with irregularities.
The ombudsman said Pharmally not only lacked any business operations, but was even under financial losses prior to the awarding of the contracts.
“Pharmally’s funds came from its irregular transactions with PS-DBM. Its financial statements indicate that prior to the 2020 dealings with the PS-DBM, the company had no business activity from September to December 2019. Pharmally even incurred a net loss of P25,550.00,” the ombudsman’s order read.
When PS-DBM awarded procurement contracts to Pharmally in 2020, the corporation earned a net taxable income of P318,337,099 with a declared net of P7,485,401,046, according to the ombudsman.
The ombudsman maintained that Lao, former PS-DBM procurement group director and erstwhile overall deputy ombudsman Warren Lex Liong and former PS-DBM procurement management officer Paul Jasper de Guzman must be charged with three counts each of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The Ombudsman has upheld the conviction of several former top officials of the PS-DBM in connection with the Pharmally procurement during the pandemic.
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| https://mb.com.ph/2024/5/10/472-policemen-dismissed-over-1-000-punished-as-ncrpo-steps-up-drive-vs-erring-cops |
A total of 472 policemen were dismissed from the service since July last year, which Metro Manila police chief Maj. Gen. Jose Melencio Nartatez, Jr. said, is a manifestation of the aggressive campaign to ensure the integrity and professionalism of the organization.Aside from 472 dismissed cops since he assumed as director of the National Capital Region Police Office (NCRPO), Nartatez said 42 policemen were also demoted while 434 were suspended for various offenses.He said 187 more cops were reprimanded while 91 were penalized by forfeiture of salary.“We also have a total of 1,226 personnel who are facing administrative cases. I have already given instruction for the fast resolution of the case but without sacrificing the due process,” said Nartatez in a press briefing at the Quezon City Police District with Police Brig. Gen. Redrico Maranan.Citing records from the NCRPO, Nartatez said most of the violation committed by those who were dismissed from the service was for being Absent without filing official leave while for minor offenses, the most common violation is simple neglect of duty.For those who were demoted, most of them were punished for failure to comply with their obligation to appear in court hearings.Maranan, for his part, said they are continuously implementing several measures to weed out the scalawags in the QCPD.“We are continuously monitoring their activities and we are also conducting counter-intelligence to check on what they are doing,” said Maranan.“Our internal cleansing mechanism is also in place, as well as administrative mechanisms wherein we see to it that they are punished if the would commit wrongdoings,” he added.
A total of 472 policemen were dismissed from the service since July last year.
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| https://mb.com.ph/2024/5/10/coa-s-audit-report-camarines-sur-s-caramoan-resort-earned-p14-6-m-in-2023-but-spent-p23-8-m-for-operations |
The Caramoan Resort Project of Camarines Sur province earned P14.66 million in 2023 but it spent P23.89 for operational expenses and, thus, incurred losses of P9.23 million, the Commission on Audit (COA) said.
In its 2023 annual audit report, COA said that other revenues collected for the implementation of other provincial programs, projects and activities were used to cover for the deficiency.
It pointed out the "significant amount" of P9.23 million losses defeated the purpose of establishing a facility that was supposed to generate income.
It said tha majority of the expenses went to Job Order Contract Wages, which amounted to P9,673,080; electricity bills for P4,467,667.11; food and non-food supplies for P2,605,744; and bedroom and bathroom furnishing for P2,676,878.57.
Also, it said, the other expenses water bills for P1,075,343.92; insurance expenses for P726,291.35; janitorial supplies for P660,805.89; rent expenses for P817,832.31); contract of service wages, P483,450; and resort operation officer-in-charge, P708,360.
COA said its audit team recognized the efforts of the provincial government to provide basic services and facilities through tourism development and promotion programs.
However, it stressed the need for the Caramoan Resort Project to provide accurate information on whether the relevant expenditures incurred for its operation have been sufficiently covered by actual collections of revenue, thus supporting the profitability and sustainability of the facility.
"Nonetheless, the expenditures that exceeded the actual collections have depleted funds which can be used to implement other programs/projects/activities that provide relevant public services beneficial to most of the people of Camarines Sur," it stressed.
The Caramoan Resort Project of Camarines Sur province earned P14.66 million in 2023 but it spent P23.89 for operational expenses and, thus, incurred losses of P9.23 million, the Commission on Audit said.
Six officials of Barangay Calaba here were suspended for 90 days over a controversial notice showing an image of a gun as a penalty for those who disobey a rule on dumping garbage.The notice was printed on a tarpaulin that indicated a fine of P1,000 for the first offense, second offense is also a fine of P1,000 and eight hours of community service, and no specific penalty for the third offense except for an image of a gun.
Concerned citizens filed a complaint against the barangay officials, pointing out that an image of the gun implies killing and a threat to one's life.
The municipal council recommended placing these barangay officials – the chairperson, four council members, and Sangguniang Kabataan (SK) chairperson – under preventive suspension pending investigation of the administrative cases lodged against them.
Bangued Mayor Mila Valera on May 6 approved the municipal council's recommendation and ordered the barangay officials suspended for 90 days.
Eric Astudillo, secretary of the municipal council, clarified that the preventive suspension is not a penalty but a way of preventing the suspended village officials – respondents in the complaint – from influencing the possible witnesses and preserving the integrity of the documents or evidence as the conduct of the investigation and inquiry is ongoing.
The suspended barangay officials are facing cases of grave misconduct, grave abuse of authority, gross neglect of duty, gross dishonesty, and conduct prejudicial to the best interest of the service.
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| https://newsinfo.inquirer.net/1939565/bohol-resort-managements-comment-on-closure-order-against-them |
A resort in Panglao, Bohol, which was recently ordered to shut operations due to lack of business permit, filed charges against town Mayor Edgardo “Boy” Arcay and others due to the alleged use of “excessive force” during the closure.
Criminal and civil cases were filed last April 26 at the Office of the Provincial Prosecutor of Bohol City of Tagbilaran, 10 days since the business was ordered to close down, said the management of Villa Tomasa-Alona Kew White Beach Resort in a statement last May 9.
Arcay signed and served the closure order against the resort on ground.
“We, the management of the Villa Tomasa- Alona Kew Hotel Resort, have expressed fear and utmost disappointment to the recent action taken by some individuals headed by Panglao, Bohol Mayor Edgardo “Boy” Arcay for using excessive force to close out their resort two weeks ago,” it read.
The management added that 300 employees were left “traumatized up to now” and local and foreign tourists staying in the resort were shocked after the “horrible incident.”
The Guardo family of Cebu rented Alona Kew White Beach Resort and launched it as Villa Tomasa-Alona Kew White Beach Resort in March 2023.
The owner and management of Alona Kew White Beach Resort later decided to take over the management of the resort.
The management of the closed-down resort noted there are still four years left from the five-year lease agreement.
“The management also warns unscrupulous individuals who will be taking advantage of the resort’s current situation not to go to any negotiations without the full knowledge of the owner of the Villa Tomasa-Alona Kew Hotel Resort,” it said.
A resort in Panglao, Bohol, which was recently ordered to shut operations due to lack of business permit, filed charges against town Mayor Edgardo “Boy” Arcay and others due to the alleged use of “excessive force” during the closure.
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| https://mb.com.ph/2024/5/12/police-raid-ex-soldier-s-house-seize-guns-ammo |
Police seized high-powered guns and bullets during a search warrant operation in the house of a retired soldier in Sitio Camagong, Barangay Sampaguita, Solana, Cagayan on Saturday, May 11.Police Brig. Gen. Christopher C. Birung, PRO-2 chief, said that seven persons were arrested and one person was wounded in the operation.
Four others, including a retired soldier who was the subject of the operation, escaped during the shootout.
Recovered during the operation were two rifle grenades, one caliber .38 revolver with six bullets, an improvised shotgun loaded with bullets, one air gun, bullets and magazine assembly for an M14 rifle, two caliber .45 pistol, an R4 rifle owned by the Armed Forces of the Philippines (AFP), magazine assemblies, and bullets.
Birung lauded police officers for the successful operation.
He called on the people to report the escapees to the police.
The suspects face cases for violation of Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act.
A retired solider is facing charges for violating the Comprehensive Firearms and Ammunition Regulation Act.
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| https://mb.com.ph/2024/5/13/cabanatuan-city-collected-from-taxpayers-p42-1-m-in-unauthorized-doubful-fees-charges-in-2023-coa |
The Commission on Audit (COA) has found as "unauthorized" and "doubtful" the P42.1 million fees and charges imposed by the Cabanatuan City government in Nueva Ecija to its taxpayers in 2023 for lack of appropriate city ordinances.
In its 2023 annual audit report, COA said that Cabanatuan City has been doing the "unathorized" collection of fees and charges for the past years.
It said that the city government collected a total amount of P42,111,360.54 in 2023, which brought its accumulated sum of "doubtful" taxes to P63,917,043.18.
It noted that the biggest chunk of the taxes was claimed by the Manuel V. Gallego Cabanatuan City General Hospital (MVGCCGH) for its Laboratory/Pharmacy/Dialysis Fund, which was P30,704,524.61. The same hospital also claimed P9,152,981.60 for its Debit Credit Payment Method (DCPM).
It also said the Department of Public Works and Highways (DPWH) collected a huge amount as well for its Building Permit Fees with the amount of P16,135,700.72. Meanwhile, the Department of Social Welfare and Development (DSWD) collected several fees such as P808,617.22 for its Nutrition Fund, P568,214.88 for its SEA Recovery Fund, P263,938.50 for its Travel Clearance, and many more, it added..
At the same time, COA said the city's Local Civil Registry (LCR) got P1,030,951.54 for its Filing Fees, while the Environment Protection Division (EPD) collected P1,061,033.52 for Violations Using Plastic.
"The recording of these fees, granting that they were authorized, under the Due to LGUs account was improper, as they were not fund transfer as specified in the revised Chart of Accounts mentioned above," the COA noted in its AAR.
"Moreover, the inclusion of the MVGCCGH’s DCPM in the account was likewise erroneous as they were collections/fund transfer from National Government Agency (NGA) – the PhilHealth, therefore should have been taken up under Due to NGA account."
State auditors said that these deficiencies had been "long standing for three years," which meant that the city government did not address the issues that were flagged by the COA. In its past AARs, the COA recommended that the city's taxes should have prior authority from its legislative body through an ordinance, as provided in Sections 132 and 305(c) of the Local Government Code (LGC).
The audit team has maintained its earlier recommendations for the City Treasurer to discontinue the imposition of unauthorized fees and taxes, unless proven that it is supported by an ordinance enacted by the Sanggunian Panlungsod.
The COA likewise directed the City Accountant to revert the accumulated balance of P63,917,043.18 to the General Fund for inclusion in the annual budget/supplemental budget for proper appropriation. "We also reiterated our recommendation that responsible offices include in their budgets the regular expenditures which they used to charge in the aforementioned Trust Fund accounts," the COA said.
The Commission on Audit has found as "unauthorized" and "doubtful" the P42.1 million fees and charges imposed by the Cabanatuan City government in Nueva Ecija to its taxpayers in 2023 for lack of appropriate city ordinances.
A 37-year-old job order casual government employee was arrested in a buy-bust operation in Barangay E. Lopez, Silay City, Negros Occidental on Wednesday, May 8.Police Lt. Col. Mark Anthony Darroca, Silay police chief, said the suspect has been monitored for three months following information on his alleged illegal activity.
He was assigned as a watchman of an elementary school and allegedly yielded 17 grams of suspected shabu worth P115,600. Also recovered from him were an improvised tooter and the P2,600 marked money.
The suspect as tagged as a high-value individual for being a government employee, police said.
Darroca said that he was a third casual government worker arrested for a drug offense in the city this year.
A job order government employee has been busted for drugs.
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| https://mb.com.ph/2024/5/11/job-order-city-gov-t-employee-busted-for-drugs |
Another job-order casual government employee was arrested in a buy-bust operation in Silay City, Negros Occidental after his illegal activity was reported by his wife to the police on Thursday, May 9.
Police Lt. Col. Mark Anthony Darroca, Silay police chief, said the 55-year-old suspect was working as a street sweeper in the city for about two years. He said the suspect was nabbed in Barangay Mambulac.
The suspect allegedly mauled his wife and children if he is “high” or used illegal drugs, Darroca added.
Police seized from the suspect, a high-value individual, three grams of suspected shabu worth P20,400.
Darroca said the suspect was the fifth government worker in the city arrested in a drug bust.
Another job order government employee has been busted for drugs.
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| https://mb.com.ph/2024/5/11/pdea-job-order-employee-shot-dead |
A Philippine Drug Enforcement Agency-Region 12 job-order employee was gunned down before dawn on Saturday, May 11, in Tulunan, Cotabato.
Police Capt. April Rose Soria, Tulunan municipal police station chief, identified the victim as Peter Estelloso, 39.
Investigation said that two motorcycle-riding gunmen waited for the suspect to arrive in his house in Barangay Poblacion at past 3 a.m.
The suspects approached and shot the victim with a .45 caliber pistol.
Soria said Estelloso succumbed to multiple bullet wounds in the head and body.
Police are eyeing personal grudge and job-related as possible motive in the killing.
Kath Abad, PDEA-12 information officer, said Estelloso was assigned as a case monitoring personnel in Cotabato.
A PDEA job order employee has been assassinated.
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| https://mb.com.ph/2024/5/14/zamboanga-city-pdea-head-11-others-sacked-over-escape-of-7-detainees |
Philippine Drug Enforcement Agency-9 (Zamboanga Peninsula) Regional Director Maharani Gaodani Tusoc relieved on Tuesday, May 14, PDEA Zamboanga City Office chief Marvin Santos and 11 other personnel in connection with the escape of seven drug detainees on Monday, May 13.
Tusoc said in a press briefing that they were replaced and moved to the regional office to give way to an investigation.
PDEA Chief of Operations Alduz Restor took the place of Marvin Santos who served as chief when seven drug suspects bolted the facility.
Tusoc said they are forming a tracker team composed of soldiers, policemen, jail, and PDEA agents to hunt the escapees.
“Based on the report of the tracking team, the escapees have not yet left Zamboanga City,” Tusoc said.
Initial investigation showed that the suspects broke the ceiling and part of the wall of the detention cell using a piece of metal.
The team is also trying to determine how the suspects were able to get hold of the metal and use it for their escape.
Mayor John Dalipe here has asked the PDEA to probe the escape.
12 PDEA officers have been relieved over the escape of 7 detainees.
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| https://cebudailynews.inquirer.net/573326/punta-engano-residents-want-brgy-officials-suspended-for-graft |
Several residents from four Sitios in Barangay Punta Engaño in Lapu-Lapu City have filed a complaint before the Ombudsman Visayas for violation of R.A. 3019 otherwise known as The Anti Graft and Corrupt Practices Act against their barangay officials due to the continued ship wrecking operation of M/V Diamond Highway in Sitio Proper Jansen which allegedly posed health problems to their children and some elderlies.
In their complaint which was received by the Office of the Ombudsman Visayas on May 13, 2024, they alleged that the officials headed by Punong Barangay Crisanto Estardo, Sanguniang Barangay Members, Mario Bacali, Elizabeth Martin, Carlito Pagobo, Marko Jonas Estardo, Vicente Dungog, Rebecca Adamos, and Ranulfo Abejo Jr. violated section 3, sub-paragraph (e) and section 4, sub-paragraph (c) of R.A. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
In the previous weeks, residents of Sitios Lupa, Colo, Proper Jansen and Mangal have complained of skin rashes and other apparent skin diseases, since the ship breaking works that produced fiber dust began late last year.
According to their complaint, sometime in December 2023, people in the area simultaneously experienced cough and colds or respiratory tract problems which they said having a clear relation to the fiber dust floated in the air and landed on their plants, rooftops and laundry and affected the air they breathed caused by the recycling activities of the said ship.
Aside from pollution, they complained of loud noise caused by salvaging operation. They also witnessed an oil spillage from the said ship that contaminated the seawater nearby.
For several times these residents pleaded to Mayor Junard Ahong Chan to stop the wrecking works since they were confused why the breaking operation still continued when there had been an existing “cease and desist order” issued by the Mayor and the Barangay Council issued a resolution approving the continued ship breaking operation.
In their complaint, they cited that the said officials violated Section 3 (e) under R.A. 3019for giving MV Diamond Highway ship and Pilipinas Precious Metals Resources Inc., (PPMRI) management an unwarranted benefits, undue advantage or preference in the discharge of their official and administrative function through manifest partiality by allowing them to continue their ship breaking operations despite the Cease and Desist Order issued by the office of the Mayor.
They also charged that the said respondents violated Section 4, (c) of R.A. 6713 for doing acts contrary to public safety and public interest by allowing resumption of ship breaking operation of MV Diamond Highway vessel which posed serious environmental and health risks to its constituents.
The complaint also charged the said barangay officials of violating grave misconduct in the performance of duty penalized by R.A. 6770 or the Ombudsman Act of 1989 for its failure to enforce the Cease-and-Desist Order (CDO) issued by the office of Lapulapu City Mayor Junard Ahong Chan and failure to act and protect its constituents from damaging effects of the said ship breaking operations.
They said that the CDO has clearly pointed out that PPMRI violated environmental protocols and guidelines during salvage operations. However the barangay officials of Punta Engaño have not provided evidence that PPMRI had put up corrective measures to contain the residual or hazardous wastes generated during operations before allowing them to resume said ship breaking activities.
The said concerned citizens of Barangay Punta Engaño prayed for the suspension of barangay officials as they invoked Section 24, R.A. 6770 that the Ombudsman or his deputy may preventively suspend them if their continued stay in office may prejudice the case filed against them.
Several residents have filed charges against their barangay officials for allowing ship wrecking operations which pose a risk to their health despite an existing cease and desist order.
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| https://www.sunstar.com.ph/cebu/village-sues-cebu-city-lawyers |
A HOMEOWNERS association based in Barangay Banilad, Cebu City, has lodged a complaint before the Office of the Ombudsman-Visayas against Cebu City Legal Officer Carlo Vincent Gimena and 11 other lawyers for violation of the Anti-Graft and Corrupt Practices Act.
In a complaint dated May 6, 2024, Doña Rita Village Association of Cebu Inc. (DRVACI) represented by their president Albert Tan, requested the Ombudsman to investigate the legal opinions issued by Gimena and the other lawyers that the association believes were “highly discreditable, improper, and irregular.”
Other respondents include lawyers Shana Alexandra Perez, Manuel Degollacion, Ramon Mikhail Duyongco, Arthcris Cuadra, Jave Mike Aton, Luigine Christi Chan, Glace Ongcoyo-Ravanes, Feliciano Alinson, Bernard Inocentes Garcia, Eleodoro Diaz and Lyndon Bernardo Basan.
The legal opinions issued by the City Legal Office (CLO) dated Jan. 22, Feb.19, and March 25, 2024, stemmed from an issue between DRVACI and Miradel Development Corporation, also known as Miradel, that wants to construct a commercial arcade on lots located within the subdivision.
On Sept. 22, 2022, Miradel proposed to the Board of Directors of Doña Rita Village to construct a commercial arcade on Miradel-owned lots; however, the homeowner’s association opposed the proposed project, citing that Miradel-owned lots located inside the village were classified as residential.
Despite the DRVACI opposition, Miradel, began construction after securing a building permit on June 27, 2023. The DRVACI submitted a position paper to the Office of the Building Official (OBO) opposing the construction; but the letter was endorsed to the CLO on Nov. 17, 2023.
The DRVACI questioned the CLO-issued legal opinions favoring Miradel.
The CLO opined that the homeowners’ association’s consent was not necessary as Miradel lots were already re-classified as commercial in 1996 by virtue of Ordinance No. 1656 or the Cebu City Zoning Ordinance.
In its recommendation, the CLO added that the Implementing Rules and Regulation (IRR) of the Homeowners’ Magna Carta in 2011 and 2019 requiring consent before re-classification cannot invalidate the Zoning Ordinance.
In its complaint before the anti-graft office, the DRVACI said the respondents “blatantly twisted legal provisions” that only support their “erroneous” conclusion, which shows “manifest partiality and evident bad faith.”
It added that Doña Rita Village was registered as a residential subdivision by virtue of Presidential Decree 957, a national law and also registered as such with the Housing and Land Use Regulatory Board (HLURB), now the Department of Human Settlements and Urban Development, in April 1994.
The DRVACI filed a motion for reconsideration on Jan. 22, 2024; however, the CLO maintained its position that Homeowners’ consent is only required for reclassification after 2010.
After the DRVACI filed a second motion for reconsideration, the CLO again maintained its original position.
The complainant argued that under PD 957 or Presidential Decree No. 957 or The Subdivision and Condominium Buyers’ Protective Decree of 1976, approved subdivision plans cannot be altered without the homeowners association’s consent.
The DRVACI also pointed out that a local ordinance cannot amend a national law.
The CLO’s legal opinion was used as the basis of the OBO and City Planning and Development Office (CPDO) in lifting the suspension of Miradel’s building permit.
The DRVACI claimed there were irregularities when OBO and the CPDO issued the building permit and locational clearance as it was admitted in an Executive Session on Oct. 18, 2023, that both did not conduct ocular inspections and only relied on the documents submitted.
A homeowners association is suing several lawyers from the Cebu City Legal Office for rendering opinions which they claim are in violation of the law.
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| https://mb.com.ph/2024/5/15/coa-blames-pampanga-officials-over-loss-of-p9-3-million-food-products-in-2023 |
The Commission on Audit (COA) has blamed Pampanga provincial officials for the loss in 2023 of P9.3 million worth of food products due to "insufficient controls in the safekeeping, custody, and warehousing."
In its 2023 annual audit report (AAR), COA disclosed that the province suffered a qualified theft incident sometime between Oct. 27 to Nov. 10, 2023 at the Pampanga Provincial Warehouse located at Barangay San Roque in Mexico town.
It said the officer-in-charge of the General Services Office (GSO) of Pampanga notified the audit team about the robbery incident through a letter dated Nov. 16, 2023 and even attached a copy of the Police Report dated Nov. 14, 2023. The reported stolen food items amounted to P9,326,146.
Stolen were 192 cavans of commercial rice worth P460,800; 2,702 cases of corned beef worth P5,187,840; and 1,388 cases of sardines worth P3,677,506, it also said.
Prior to the theft, the latest inventory report submitted to the COA for its 2023 annual audit report (AAR) revealed that the province had 9,302 cavans of commercial rice, 4,427 cases of corned beef, and 2,142 cases of sardines.
After the reported incident, the Nov. 15, 2023 inventory of the province showed 7,887 cavans of commercial rice, 451 cases of corned beef, and 142 cases of sardines, COA said.
When the audit team evaluated documents of the reported quantity of items lost and the current inventory, it discovered several "discrepancies." While 192 cavans of commercial rice were reported lost from the original 9,202 cavans, the latest inventory showed that only 7,887 cavans were left in the warehouse. This meant that there were 1,223 cavans that were unaccounted for, it said.
The same was true for the 2,702 cases of corned beef that were reported stolen from the original 4,427 cases. Only 451 cases were left in the latest inventory, which meant there were 1,274 cases that were unaccounted for, it also said.
Lastly, 1,388 cases of sardines were reported stolen from the original 2,142. However, only 142 were remaining in the latest inventory, which meant there were 612 cases that were unaccounted for, it added.
It noted that its audit team reported that the variances after the reported theft signified "doubtful, inaccurate, and unreliable balances on hand."
On Dec. 15, 2023, COA auditors conducted an inspection and found there were insufficient controls in the safekeeping, custody, and warehousing of the food items.
The auditors noted that there was a lack of closed-circuit television (CCTV) inside the warehouse, weak locks were installed instead of heavy-duty padlocks, and there were no stock cards accounting for the items inside the warehouse, it said.
COA also noted: "Review of documents and records also showed that the lost food supplies were still carried in the inventory, thus overstating the inventory account by at least the amount of reported loss. In addition, it is worth mentioning that as of date, no request for relief from accountability has been filed yet."
Thus, COA recommended that the province should beef up internal controls over all the inventories kept in its warehouse and install ample units of CCTVs in every area of the warehouse.
It also decided to review relevant documents on the robbery incident, including the province's own investigation on the matter in order to identify the parties that are accountable for the P9.3 million loss.
The Commission on Audit has blamed Pampanga provincial officials for the loss in 2023 of P9.3 million worth of food products due to "insufficient controls in the safekeeping, custody, and warehousing."
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