By ERWIN ‘AMBO’ DELILAN
“ALLERGIC” to issues, Bacolod City’s Mayor Albee Benitez will personally pay for the controversial P16-M renovation of his office.
“I am thinking to spend my personal money to make sure there’ll be no issues,” the billionaire mayor declared.
And to “totally put the fire out”, the mayor said the budget for the renovation of his office will be diverted to the repairs of public toilets.
Is this legally feasible?
City Engineer Loben Rafael Ceballos has this wisdom: “It’ll be easier if the mayor offsets the budget for the renovation of the mayor’s office that has already been bid out by personally paying for the public toilets’ repairs.”
They’re differing, isn’t it?
Succumbing to the bar of public opinion ain’t a “cure” to the controversy.
The gist of the rolling issue is all about “insensitivity and extravagance”. Bacolod netizens feel it is inappropriate and insensitive at this time to spend P16-M just for an office renovation. The said amount, observed by some, could be used in other noteworthy causes or programs beneficial to many.
Too, they pointed out that most Bacolodnons are still “reeling and struggling” from the “wrath” of the COVID-19 pandemic.
However, if the good mayor believes that everything about the office renovation is legal, then why not fight for it? The issue will just “die” if people will be convinced of the good results.
LEGAL COROLLARIES
Here’s a backgrounder.
The “mansion” story at BCGC (Bacolod City Government Center) is all about the ongoing renovation of the Mayor’s Office
Exact project cost: P15,813,388. Furniture and fixtures not included yet.
Winning bidder: MKU Construction and Supply.
Inadvertently, it caused havoc. It reaped public criticism.
The mayor held a press conference on Monday, Feb. 20.
“Actually, I have been thinking about it during the weekend, so barring all legal impediments, I am redirecting the P16 million budget to repair the public toilets of the city and instead use my personal funds for the renovation of my office,” the mayor said.
But such pronouncement has legal corollaries. The office renovation project went through the legal processes, related the mayor per se. Such was estimated by the City Engineer’s Office (CEO), approved by the Sangguniang Panlungsod (SP) and hurdled all the required procedures.
The bidding was over. The Notice to Proceed (NTP) was signed. The procurement commenced. And the work has started already.
‘IN QUANDARY’
Everybody at the Bids and Awards Committee (BAC) is “in quandary” right now. And here are some of the things to hurdle:
* Article 1159 of the Civil Code
* Section 336 of the Republic Act (RA) 7160
* Article 217 of the Revised Penal Code
* Section 21 (Offsetting) of the Fundamental Principles for Disbursement of Public Funds by the Commission on Audit (COA)
Article 1159 of the Civil Code provides that the obligation arising from contracts have the force of law between the contracting parties and should be complied in good faith.
Section 336 of the RA 7160 says funds shall be available exclusively for the specific purpose for which they have been appropriated.
Article 217 of the Revised Penal Code, on the other hand, warns anyone against the commission of technical malversation.
Funds involved are already appropriated or earmarked for certain public purpose and can’t easily be diverted to other purposes.
COA’s rule on offsetting also explains that assets and liabilities, and revenues and expenses shall not be allowed to offset unless required or permitted by the Philippine Public Sector Accounting Standards (PPSAS) except when offsetting reflects the substance of the transactions or other events.
‘LITMUS TEST’
The controversy hounding the Mayor’s Office’s renovation is a “litmus test” on the city government’s transparency and integrity.
But this is not new. Bacolod City, ever since, is controversy-laden. If you’re the chief executive, you should have a strong “political stomach” to digest the daily issues.
With “change” as his political battle cry in the 2022 elections, Mayor Albee is now being closely watched. The people of Bacolod look up to him as someone who can propel the city to greater heights./PN
