THIS is in reaction to Bobby Nalzaro’s column, “BAC composition,” published by Sun.Star Cebu on Wednesday, June 18, 2014. In his column, Nalzaro questioned the validity of Gov. Hilario Davide III’s Executive Order No. 12 Series of 2014 reorganizing the composition of the BAC. The Executive order took effect on June 15, 2014.

Nalzaro based his column on Section 37 Chapter 5 Title 1 Book 1 of Republic Act No. 7160 or the Local Government Code of 1991, which provides for the organization of the BAC.

For the information of the general public, Section 37 Chapter 5 Title 1 Book 1 of RA 7160 has been repealed by the subsequent passage of Section 75 (Repealing Clause) of RA 9184 otherwise known as the Government Procurement Act and its Implementing Rules and Regulations-A, which was passed in 2003.

Gov. Davide’s Executive Order was based on Rule 5, Section 11.2.2, or the IRR–A of Republic Act No. 9184, which states:

“The BAC shall be composed of one (1) representative each from the regular offices under the Office of the Local Chief Executives such as, but not limited to the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices. The end user office shall always be represented in the BAC. The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.”

Section 75 of RA 9184 states:

“This law amends Title Six, Book Two of Republic Act No. 7160 (R.A. 7160), otherwise known as the “Local Government Code of 1991," and, in furtherance thereto, Chapter Five, Title One, Book One of the same law; the relevant provisions of Executive Order No. 164, series of 1987, entitled ‘Providing Additional Guidelines in the Processing and Approval of Contracts of the National Government.’ Any other law, presidential decree or issuance, executive order, letter of instruction, administrative order, proclamation, charter, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of the Act is hereby repealed, modified or amended accordingly.”

This clarification is made to set the record straight on the legality of the said Executive Order and in the spirit of transparency and accountability.--Mark C. Tolentino, Provincial Administrator

Sense of entitlement

(The letter is addressed to Erma Cuizon)

It’s not just stealing people’s money, this corruption thing which pervades in our country. It’s not just wanting to enrich oneself. It’s not as simple as plain stealing for the money but more.

We are a feudalistic society, people looking up to the rich and able to help them out, to be responsible for their needs and gratefully beholden for the help.  

Mga anak na umaasa sa magulang. Mgakapatid na umaasa sa ibang kapatid na may kaya.

Mga kamag-anak na umaasa sa nakakaangat na kamag-anak.  Etc. etc.  Bahala na si boss, si amo, si sir, si kuya.  

The poor feel the rich owe them;  they have that sense of entitlement. Sometimes we tag it colonial mentality.  

And so people with a genuine desire to help run for office, feeling that they can be channels of wealth distribution. They use public money to give scholarships, to pay for medical, burial, baptismal, weddings and fiestas expenses of their constituents.  

Ang haba lagi ng pila sa bahay ni mayor at congressman, each with his own sob story to tell.  Where will the politician get the money?  Siempre from public coffers. 

So he learns to make hanapbuhay. Overpricing in purchases. Thirty, 40 to whatever percent from projects. They start institutionalizing the process, perfected by scammers like Napoles.--Eloisa Carbon