Illegal release of calamity fund in 2010 exposed

By February 20, 2011Headlines, News

ANOTHER IRREGULARITY IN CITY SURFACED

AFTER uncovering the grossly overpriced goods bought by the city hall for the feeding program of the city government, the council discovered another irregularity in the Dagupan city hall.

Remember typhoon “Juan” that wrought havoc to Pangasinan in October last year just before the barangay elections when the provincial government declared a state of calamity but Dagupan City did not?

Yet, the city hall was eventually found to have released more than P13.1 million from Dagupan’s calamity fund last year without the formal declaration.

Last week, Councilor Alfie Fernandez raised the issue upon seeing the disbursements made by City Hall last year, which included the surprise release of the calamity fund.

It will be recalled Mayor Benjamin Lim rejected calls from councilors and baranagay officials to declare a state of calamity to help the flood victims saying there was no basis for the declaration.

When asked to explain the listed disbursement, City Administrator Vlad Mata and Assistant City Legal Officer Roy Laforteza, on separate occasions during deliberations of the budget hearing, confirmed the disbursement but it was only last week when Laforteza pointed out the legal basis for the disbursement.

“While it is true your honor that the Sangguniang Panlungsod was not able to declare a state of calamity, the province of Pangasinan — the provincial government — declared a state of calamity,”  Laforteza explained.

Fernandez quickly pointed out that that release was illegal since Dagupan, which became a chartered city in 1947 and has ceased to become a political subdivision of the province, did not declare a state of calamity of its own.

He cited as analogy that Dagupan’s budget as well as resolutions and ordinances passed by the Sangguniang Panlungsod (SP) are not subject to review by the Sangguniang Panlalawigan.

At the same time, provincial ordinances are not enforced within Dagupan.

DISASTER-PREPAREDNESS

Fernandez lectured Laforteza further citing only other legitimate use of the city’s calamity fund is for disaster preparedness and still needs a declaration of state of calamity.

In the case of the calamity fund in question, Fernandez pointed out that assuming the calamity funds were released, not all the barngays in the city were given their share of the fund.

Eventually, Laforteza could only argued “At this point may be, it should be the COA (Commission on Audit) that should enter into the picture if there is any regularities regarding this transaction that transpired.”

Laforteza at first invoked the newly-approved RA 101211 but changed his act when Fernandez pointed out that Rules 12 and 16 of the IRR (Implementing Rules and Regulations) of that law states that a declaration of state of calamity is still needed to release the corresponding funds.

For disaster preparedness, the law mandates the local Disaster Risk Reduction Management Council to inform the SP that there is imminent danger of an incoming calamity, so the declaration by the SP of a state of calamity is still paramount.

OVERPRICED GROCERY ITEMS

Two weeks ago, the city council confronted the General Services Officer Ed Magno during the budget hearing about the purchases of the hall for the feeding program of the city government which appeared grossly overpriced.

Magno could not offer an explanation for the details being asked of him and instead suggested that the bids and awards committee be asked.

Mrs. Leah Aquino, city nutrition officer, earlier identified Maximo “Beep-Beep” Tan Jr., executive assistant of the mayor, as the point-person for the implementation of the feeding program.

Councilor Luis Samson Jr. showed Magno a copy of the charge invoice of Jurick General Merchandise owned by a Lynn Magno, dated December 3, 2010 addressed to CNO (City Nutrition Office) that billed for P301,525.00.

Samson randomly cited the items that reflected up to 100% overprice in the commodities that included purchases of ‘Lucky Me’ noodles, Biscuits, Milo, Evaporated Milk, Minola Cooking Oil and Sugar.

The store was later determined not to be in the business of selling food and other commodities but in general merchandise items.

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