PB secretary’s certification states deal for Balili lot purchase not ratified

Tuesday, September 13, 2011

THE Provincial Board (PB) authorized Cebu Gov. Gwendolyn Garcia to enter into a memorandum of agreement (MOA) for the purchase of the Balili property in the City of Naga, but the legislative body did not ratify the MOA after this was signed.

This was shown in an Aug. 12, 2011 certification issued by PB Secretary Anecita Pasaylo.

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A copy of the certification was given to Sun.Star Cebu by the camp of Grizelda “Gigi” Sanchez Zaballero, daughter of the late Vice Gov. Gregorio Sanchez Jr.

But Pasaylo told Sun.Star over the phone last night that the PB, after authorizing the governor to enter into an agreement, normally does not pass a separate resolution ratifying that contract.

“What’s the use of the ratification if there’s already an authority? That will be a duplication,” said Pasaylo, who has been PB secretary since 1999.

Similar

Cebu City Councilor Jose Daluz III said there is a similar practice in the city legislative council.

He said memoranda of agreement or contracts signed by the mayor do not have to go back to the council for ratification, unless certain provisions have been amended after the council has authorized the mayor to sign the contract.

According to the certification issued by Pasaylo, the PB unanimously adopted Resolution 187-2008 on Jan. 14, 2008, authorizing Garcia to sign a MOA for the sale of 10 parcels of land owned by the estate of Luis J. Balili. Purchase price was then at P434 per square meter.

On April 21 of the same year, the PB adopted another resolution to amend the previous action because the sale was going to be for 11 parcels of land at P400 per square meter.

Pasaylo’s certification read that there were no resolutions to ratify the agreement.

Submerged

The Province bought the 247,330-square-meter Balili property in Naga for P98.9 million. But it was found out later that 80,194 square meters of the property is submerged while 14,402 square meters were planted to mangroves.

The purchase was under investigation by the ombudsman while the Capitol filed a case in court to try to recover part of the sum it paid to the Balilis.

Department of Interior and Local Government (DILG) 7 Director Pedro Noval said the need to pass a separate resolution ratifying a MOA would depend on the “standard operating procedures” of the PB.

He said each legislative body has different procedures. He said the DILG will abide by the rules of the PB.

Daluz said the City Council only needs to ratify a MOA or contract if it was signed by the mayor before he sought the council’s authority, such as contracts of lease or other short-term contracts involving the management of the city.

Daluz, a lawyer, said that a MOA or contract signed by the mayor needs to be returned to the council for ratification if this is expressly stated in the resolution authorizing the mayor to sign the document

Meanwhile, Vice Gov. Agnes Magpale revealed she has implemented some changes in the PB when she became presiding officer last May 10.

She said the caucus will still be off-limits to media but Pasaylo records all discussions. This came after the Office of the Ombudsman questioned why the PB did not discuss the resolution granting authority to Garcia for the purchase of the Balili lot.

Magpale said the PB still holds a caucus before the session to shorten discussions on certain items in the agenda.

The vice governor also changed the seating arrangements of PB members. Each PB member is assigned a desk and they will have to use any of the three rostrums to make a motion.

“It’s Senate-like,” Magpale said in jest. She believes the new arrangement will encourage PB members to participate in the discussion.