Tuesday, August 23, 2005
Cebu guv goes to court on row with board
By Jeanette P. Malinao
CEBU CITY -- Cebu Governor Gwendolyn Garcia brought to court the clashing legal opinion on whether a local chief executive needs to get legislative authority before entering into contracts for items in the appropriations ordinance.
Provincial Attorney Marino Martinquilla filed before the Regional Trial Court a petition for declaratory relief against Commission on Audit (COA) and the Cebu Provincial Board (PB) about 4 p.m. Monday in behalf of the governor.
About an hour after the filing, Capitol consultant Pablo John Garcia appeared Monday before the PB in an executive session to explain, "the governor is not really suing them."
"It's just that this is a procedural requirement, for all parties or persons who may have interest on the matter to be impleaded as a party," said Pablo John.
Besides, he said, no adverse claims were filed against either of the party.
The Commission on Audit (COA), in its annual report for the Province, had cited P102 million worth of contracts that the governor entered into without PB authority.
All contracts cited were infrastructure projects during the term of former governor Pablo Garcia, but Gwendolyn accused COA of being inconsistent.
This is because COA did not cite contracts, such as security and janitorial services, she signed without PB authority. Also, COA did not point this out in towns that have also been doing the same practice.
"So there is a need for the court to declare which is the correct interpretation," said Pablo John, who handles information, organization and management matters as Capitol consultant.
PB Member Juan Bolo, who was one of those who signed a complaint against Garcia before the Office of the Ombudsman-Visayas regarding the conflict, said he welcomes the filing of the petition.
"It's a good move. We welcome that so we can settle this once and for all. Lawyers always clash, and the court is the premiere arbiter," said Bolo in a telephone interview.
Maambong, for his part, also said he does "not take offense" because the petition is an "indispensable procedural requirement."
"I will just file my answer consistent with my belief of legal issues," said Maambong.
Sun.Star Cebu tried to get Members Gabriel Luis Quisumbing and Jose Ma. Gastardo Monday night, but they did not answer calls to their mobile phones.
A source who requested not to be named said the two tried to block Pablo John's appearance at the executive session. The same source disclosed that there was also a move not to record the proceedings, but was overruled.
Quisumbing first raised the issue in a privilege speech he delivered last April. He had said the PB trampled on the legislative rights and defied transparency when it entered into contracts without getting authority from the PB.
Members Agnes Magpale and Estrella Yapha even said earlier that they might as well resign if this is the case, because the board would already be useless.
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, in defending her move, said Section 22 carries the "significant" phrase, "unless otherwise provided in this code."
The exemptions, she said, is cited in Sections 346 and 306 of the same law. Also, she said the new government procurement act does not require such authority as long as the items are in the appropriations ordinance.
The appropriations ordinance, she said, is already defined as "prior authorization."
(August 23, 2005 issue)
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