COA: No corruption in Fernandez donation

By July 17, 2017Headlines, News

CITY HALL TRANSFER BROUHAHA

THE Commission on Audit (COA) said the donation of 1.2 hectare land to the Dagupan City government as the proposed site of its new city hall by the younger brother of Mayor Belen T. Fernandez does not constitute a violation of law.

This was the legal opinion submitted by Atty. Robert V. Ocampo, city auditor, in response to the query of Councilor Jose Netu Tamayo, chair of the committee on laws, ordinances and judiciary in the Dagupan City council dated 10 July 2017.

Ocampo, whose letter which was bared to newsmen in a joint conference called by Mayor Fernandez and Tamayo at CSI Stadia on July 11 in the afternoon, said “under the law, donation is a contract and the consideration is liberality… therefore all persons who have the capacity to contract may dispose his property through donation and all those who are not disqualified by law may accept the donation, said Ocampo.

With the COA opinion, Tamayo said he will soon propose the adoption of the  measure seeking to transfer the city hall from A.B. Fernandez Avenue to the donated land in Barangay Pantal near the Jose De Venecia Expressway Extension for second reading in the city council.

In the case at bar, Mr. Kerwin T. Fernandez though the brother of the City Mayor, may donate his property as an act of liberality to the City Government of Dagupan and the latter through the authority from the city council, may accept the donation as representative of the City, he added.

He added that the issue raised by oppositors Vice Mayor Brian Lim and Councilor Redford Erfe-Mejia citing the expected increase in the value of properties of CSI should the new City Hall project be transferred as a violation of R.A. 3019 being a “conflict of interest is misplaced.”

CSI is a firm owned by the Fernandezes with Kerwin as president.

Ocampo pointed out that any increase of value of properties in the area will impact on all the properties near and along the De Venecia Road.

“Conflict of interest” arises, he said, when a public official or employee is a member of the board, an officer, or a substantial stockholder of a private corporation or owned or has a substantial interest in business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.

Ocampo stressed that the acceptance of the donation cannot be considered as conflict of interest because the donee is not the the City Mayor and the city government will be the owner of the donated property.

He said Mr. Fernandez’s donation to the city government, is considered valid, legal and binding, provided there is acceptance by the City Mayor as authorized by the city council. (Leonardo Micua)

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