ILOILO City – Politically motivated. This was how officials of Guimaras dismissed the report that President Rodrigo Duterte had acted on a plunder and technical malversation complaint filed by a Guimaras resident.
According to Gov. Samuel Gumarin and other Guimaras officials in a press conference yesterday, they have no idea about the complaint of a certain Rodrigo Gabales of the municipality of San Lorenzo, Guimaras.
If Gabales were to be believed, P264 million in public funds from the provincial government and the municipal governments of Jordan, Buenavista, Sibunag, San Lorenzo, and Valencia were released a few days before the May 2016 election.
Such release, claimed Gabales, was contrary to the general rule that no public funds must be disbursed within 45 days before a regular election. He cited Article XXII, Section 261 (v) of the Omnibus Election Code.
According to the Guimaras officials, the province and municipalities sought exemption to the prohibition from the Commission on Elections to release a portion – totaling P224 million – of their annual budgets in 2016 so these could be used for social services, Manggahan Festival and other programs.
The funds were not used for election purposes, they stressed.
It was reported last week that on March 13, 2018 the Palace referred Gabales’ complaint to Acting Director Julita Calderon of the Office of the Ombudsman’s Public Assistance Bureau, which in turn tasked the Deputy Ombudsman in Cebu to take cognizance of it.
Named as respondents were former congressman Rahman Nava, Gov. Samuel Gumarin and the municipal mayors of Jordan, San Lorenzo, Sibunag, Buenavista, and Nueva Valencia.
While Article XXII, Section 261 (v) of the Omnibus Election Code prohibits the release of public funds within 45 days before a regular election, it also enumerates several exemptions.
These exemptions were the following:
* Section 261 (v) (1) (a) – maintenance of existing and/or completed public works projects; provided, that not more than the average number of laborers or employees already employed therein during the six-month period immediately prior to the beginning of the 45-day period before election day shall be permitted to work during such time; provided, further, that no additional laborers shall be employed for maintenance work within the said period of 45 days;
* Section 261 (v) (1) (b) – work undertaken by contract through public bidding held, or by negotiated contract awarded, before the 45-day period before election; provided, that work, for the purpose of this section, undertaken under the so-called “takay” or “paquiao” system shall not be considered as work by contract;
* Section 261 (v) (1) (c) – payment for the usual cost of preparation for working drawings, specifications, bills of materials, estimates, and other procedures preparatory to actual construction including the purchase of materials and equipment, and all incidental expenses for wages of watchmen and other laborers employed for such work in the central office and field storehouses before the beginning of such period; provided, that the number of such laborers shall not be increased over the number hired when the project or projects were commenced; and
* Section 261 (v) (1) (d) – emergency work necessitated by the occurrence of a public calamity, but such work shall be limited to the restoration of the damaged facility./PN
