Dagupan’s calamity fund release in 2010 illegal–COA
CITY HALL OFFICIALS IN HOT WATER
THE use of calamity funds worth more than P13.1 million by Dagupan City officials in October 2010 without a declaration of a state of calamity from the Sangguniang Panlungsod (SP) was illegal, according to the Commission on Audit (COA).
The COA, in a report based on the findings of its team that audited the books of Dagupan for 2010, said “funds were obligated in the absence of declaration of calamity by the local Sanggunian contrary to the provision required under Section 16, 2nd paragraph of the Act (Republic Act 10121)”.
RA 10121 is the Act Strengthening the Philippine Disaster Risk Reduction and Management System.
The COA report indicates that officials who had a hand in the release and use of the Local Disaster Risk Reduction and Management Fund (LDRRMF) in question, including the city mayor, violated the law and could be charged under the Anti-Graft and Corrupt Practices Act.
The report, copies of which were already furnished officials of Dagupan City, was signed by City Auditor Ofelia Celi.
The P13,132,159 million LDRRMF was used by city hall to buy food, medicines and other supplies following Typhoon “Juan”, which came just before the Barangay elections last year.
The amount comprised 50.83% of P25,834,549.10, which was the 5% budgetary reserve for calamities set aside by the SP in accordance with Sec. 324 (d) of the Local Government Code in relation to Republic Act 10121 and its Implementing Rules and Regulations (IRR).
UNACCOUNTED
The COA report further stated that no report on the obligation of the LDRRMF was submitted to the COA, which should also have been copy-furnished to the regional director of the Office of Civil Defense and the Department of Interior and Local Government as required under Sec. 12 (C, [4] of RA 10121.
COA also reported that the “modes of procurement of goods during the calamity were all negotiated in nature and on emergency basis”.
“There were no procurements made in anticipation of the calamity as part of the pre-disaster program where the local disaster risk reduction management office may utilize part of the 70% the fund,” the COA wrote.
The COA report belied claims by city hall officials that in releasing part of the LDDRMF fund as a quick response fund, no declaration of state of calamity was needed.
A legal officer from city hall, during the budget deliberation early this year, even asserted that though the SP did not declare a state of calamity in October last year, the provincial government did, and this very well applies to Dagupan as well.
However, Dagupan has been declared an independent chartered city in July 20, 1947, which makes it a separate political entity from that of the province.
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