MOAs signed by outgoing Gov. Espino effective – Baniqued
MEMORANDA of agreement, unless otherwise provided in the documents, can go beyond the term of the sitting local government official.
This was the opinion of Provincial Legal Officer Geraldine Baniqued, concurring with the opinion earlier stated by Second District Board Member Nestor Reyes, the majority floor leader of the Sangguniang Panlalawigan (SP).
Baniqued was specifically asked by the SP during its regular session on Monday (May 23) to clarify if the memoranda of agreement signed by Governor Amado Espino III in behalf of the province with the Department of Health (DOH) for the donation of medical equipment to local hospitals are still valid beyond June 30 when Espino officially ends his term.
The SP asked for Baniqued’s opinion before the legislative body could pass pending resolutions, all on motion of Fourth District Board Member Jeremy Agerico Rosario, giving authority to Governor Espino to sign a series of MOAs with DOH for the donation of several medical equipment to various hospitals operated by the provincial government.
Baniqued stressed that Local Government Units have corporate powers and, therefore, can enter into contracts, adding that no contract shall be entered into by the local chief executive unless there is an authority from the Sanggunian concerned.
“That is the reason why we (executive department) submit for your consideration matters pertaining to memorandum of agreement,” Baniqued said.
She recalled an SP resolution passed as a policy that agreements be co-terminus with the sitting governor (Espino) in deference to the coming provincial administration of incoming Governor Ramon Guico III.
She said it cannot apply when the medical equipment to be donated is much, much more valuable and the period within which the contract would be effective “must have to go beyond the term of the official”.
“As a general rule, we have made it as a policy, your honor, that lease contract and memorandum of agreement regarding the use of medical equipment will not go beyond the term of the sitting governor, except if the value or worth of the equipment (to be donated) is comparatively higher, in which case, will allow the supplier to recoup or recover the investment in a short period of time,” Baniqued explained.
She also, reminded the SP that the local government code provides that agreements entered into by the LGU : is the law between the LGU and the other party”. (Leonardo Micua)
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