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Wednesday, August 31, 2005
Fellow guvs back Gwen on contracts
Cebu Gov. Gwendolyn Garcia was able to rally the support of the country’s governors in insisting that a local chief executive no longer needs legislative authority for contracts in items that are already in the appropriation ordinance.
In yesterday’s meeting held in Cebu, the League of Provinces in the Philippines (LPP) passed a resolution supporting Garcia’s stand.
LPP executive vice president Tommy Juson said they will send copies of their position to the Commission on Audit (COA), Department of Budget and Management and the Department of Interior and Local Government.
“It would be absurd if we always go back to the sangguniang panlalawigan (provincial board) because it diminishes our powers and authority as chief executive. Yes, there is no need to submit all contracts if its appropriation is already in the approved budget,” Samar Gov. Ben Evardone said in reaction to Garcia’s presentation on her stand.
Last week, Garcia brought to court contradicting opinions on the issue.
“If you have brought the matter in court, you’ll win. I’m sure of that,” Gov. Leandro Verceles Jr. of Catanduanes said.
In its annual report for Cebu Province, COA cited P102 million worth of contracts that the governor entered into without the authority of the Provincial Board (PB).
Inconsistent
Garcia accused COA of being inconsistent because it did not cite the security and janitorial services that she signed, only the infrastructure projects of her predecessor.
Board Member Gabriel Luis Quisumbing first raised the issue in a privilege speech to criticize the executive department’s disrespect to legislative powers.
The board also sought the comment of the Visayas Ombudsman on the matter.
Both COA and the PB cited Section 22 of the Local Government Code stating that no contract shall be entered into without authority from the legislative council.
But Garcia said they did not include the “significant phrase” in the section, “unless otherwise provided in this code.”
The exemptions are cited in Sections 346 and 306 of the Code. Also, she said the new government procurement act does not require such authority as long as the items are in the appropriations ordinance. (MBG)
(August 31, 2005 issue)
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