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Wednesday, May 03, 2006
Opposition execs question P332-M bridge pact
By Bethany Grace S. Rosquites
Liceo de Cagayan University Intern
SEVERAL members of the City Council Tuesday described as "defective" and even "bogus" the two proposed ordinances of Mayor Vicente Emano involving the P332 million city's fifth bridge's revised project contracts.
Opposition leaders believe that this P332 million project is "anomalous" and that they are now contemplating on another civil suit against Emano and his city councilors in due time.
Still the council approved, for first reading only, the two ordinances that were earlier "certified as urgent" for the project.
The Local Government Code allows that an ordinance "certified as urgent" by the chief executive may be tackled for three readings in one day.
During the City Council session, Emano submitted two ordinances that included the "confirming, ratifying and/or approving the Revised Contract Agreement" entered between the City Government and UKC Builders, Inc., which included the construction of Kagay-an PCDG Bridge and Abutment including Approaches in the amount of P190,579,601.46 under Proposed Ordinance 2006-187.
Also, the construction and concreting of Access Road with Drainage System and Lighting Facilities in the amount of P141,519,097.03 under Proposed Ordinance No. 2006-188.
Opposition councilors Alvin Calingin and Zaldy Ocon as well as Emano allies like councilors Edgar Cabanlas and Ian Mark Nacaya voiced mixed views regarding the two ordinances.
Calingin was the first to stand up to oppose Emano's proposed ordinances believing that they contain several legal infirmities.
He pointed out how the contract submitted by the city mayor for approval was "incomplete."
"The needed particulars of all the projects involved are not indicated," Calingin said.
Emano submitted only a one-page "Contract Agreement (As Revised)" that he signed with Uy Yian Ping, the "binding signature of contractor" representing UKC Builders, Inc.
The contract contains the general stipulations for the undertaking of the P141 million for the construction and concreting of access road with drainage and lighting facilities.
There was no attachment as to the contract for the P191 million project construction of Kagay-an PCDG Bridge and Abutment including Approaches under Proposed Ordinance 2006-187.
Losing end
Kagay-an PCDG Bridge is being constructed at the back of the St. Augustine Cathedral that will link Barangay Carmen to Barangay Nazareth.
Calingin voiced his confusion as to why this revised version of the contract read as "contract agreement" when the two words -- contract and agreement -- means the same. "The title itself is defective," he said.
He pointed out that there is also the matter on whether the City Government could pay the P332 million total cost of the project.
"Where would we get the money to pay such a price?" he said. "We should be careful, it is the City Government that is at the losing end here.
He added that the contract itself does not contain even the date and other "essential requisites" to a valid and binding contract.
Ocon also questioned the validity of the contract even describing it as "bogus" and that he is convinced there was even no public bidding held for the "original" contracts.
Cabanlas for his part said the P332 million was already discussed in the first contract they have approved earlier.
Objection
Ocon and Calingin were one in saying that the contracts submitted by Emano were incomplete and "therefore they could not move to approved." Ocon at this point, walked out of the session.
But Calingin went on to question the terms and conditions of the two contracts for the city's fifth bridge.
He also asked what items or conditions in the Emano-UKC contracts were being requested by the city mayor to be revised.
With this, City Councilor Maryanne Enteria answered that they are only approving an ordinance merely to comply with the General Procurement Reform Act.
Calingin said he could not even clearly see what they are trying to amend or which of the two contracts are they trying to revise.
"There must be something wrong with this agreement, and this is the basis of my objection," he said.
Injunction
Cabanlas said he saw Calingin's point and that he also wanted to check on the other conditions stipulated in the contract.
"I have not seen the building requirements, but if I do, I will also go with the decision of the majority of the City Council," he said.
After further deliberation, Nacaya moved that it is best to approve the above ordinances for first reading only.
"I agree to take into consideration Calingin's decision," he said, adding that the ordinances should be referred to the appropriate committees for further study.
Ocon said they are now contemplating on filing a declaratory relief suit against the two ordinances.
He said the suit will also entail a prayer for preliminary injunction and a temporary restraining order to make sure the City Government will not be able to disburse as yet P332 million for these "bogus" contracts.
"As soon as they will approve the two ordinances, then we will file charges against them," Ocon said.
(May 3, 2006 issue)
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