‘No COA approval’
Tuesday, October 6, 2009
THE lumping together in one contract of Cebu City’s sale of the 10.6 hectares and joint development of 40 hectares at the South Road Properties (SRP) with Filinvest Land Inc. (FLI) did not have the approval of the Commission on Audit (COA).
What COA approved before the bidding of the joint venture contract were the prices of SRP lots and the method of bidding used, City Administrator Francisco Fernandez said.
Fernandez said they have submitted to the COA office in City Hall a copy of the contract, the purchase order and other documents related to the joint venture for its post-audit.
City Hall has yet to get a reply from COA.
That, as an anti-graft official said the Office of the Ombudsman can suspend the agreement between the Cebu City Government and FLI if only to “protect government interests” even if contract has been signed, sealed and delivered.
full article:
?No COA approval? | Sun.Star Network Online
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10-06-2009, 08:47 AM #1171C.I.A.
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10-06-2009, 08:54 AM #1172C.I.A.
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murag nauna man ug question ang SRP before nibuto ang Balili lot issue. pero mao gyud unta na: ang Province asikasohon more ang ilaha while ang City ang ilaha pud.
Originally Posted by gikapoy
mao2x rana moingon ka ang asikasohon unta sa City ug una ug pasira ang mga restobars/imnanan nga hagbay rang ga violate sa city ordinance (at least 50m away from schools) sama sa Mango square dapit before manghilabot ug pasira sa South Bus Terminal.
yes, we all know ang SRP income generating na, pero kung ang means dili nahasubay sa saktong paagi, it doesn't justify the ends.
ti-aw mo na wala man gani diay approval sa COA ang FLI contract...Last edited by giddyboy; 10-06-2009 at 08:57 AM.
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10-06-2009, 09:12 AM #1173Banned User
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weee sir giddy is back
ngano karon raman nila gi question?
pag ka pildi nila sa bid.. file unta sila derecho or ila babagan ang plano sa cebu city
sir..
ngano dili man mangusog ang gov nga collectahon ang full amount??
or casohan ang mga balili kai gi baligya an ang capitol ug hunasan?
ipa about sa court aron ma collecta balik ang full amount?
diba nga abugado mani sila?? ngita sila ug legal way nga ma collecta balik ang full amountLast edited by gikapoy; 10-06-2009 at 09:56 AM.
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10-06-2009, 12:05 PM #1174Senior Member
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COA approval of a contract isn't a controlling factor in cases like this. If it were, no LGU or government agency can move while it awaits for COA approval. Originally Posted by giddyboy
Besides, as the Sunstar report even goes on to say:But Apostol said his office will not recommend this action on the agreement between City Hall and FLI unless graft investigators see “sufficient basis and clear indication of prejudicial conduct.”The problem with cases like this is that it's a "should not have done/should have done" proposition. In other words, the complainant is making the accusation based on his opinion of what the accused should/should not have done. That's exactly the "second-guessing" that Dep. Ombudsman refers to.
He said the anti-graft office policy frowns on the Office of the Ombudsman intervening in the businesses of local government units and second-guessing their exercise of discretion.
Apostol gave the explanation after reports cited how Gov. Gwen Garcia’s Oct. 2, 2009 criminal-administrative complaint, which accused Cebu City Hall officials and FLI of entering into a contract that was “prejudicial to the interests of the City,” could scare investors away.
So, and as the Dep. Ombudsman also said, unless the evidence shows “sufficient basis and clear indication of prejudicial conduct”, there's a big chance the case will be dropped. Of course, that also depends on what city hall's response will be so, we'll have to wait and see, as I'm sure this is going to get interesting....
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10-06-2009, 12:41 PM #1175C.I.A.
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basta c tomas na madayon jud na,,nindot ni kay do-ol nalang sa sa amo..para balhin na ug work,,,,
wala ni multilfier effect ha hehehehe..
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10-06-2009, 01:01 PM #1176C.I.A.
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actually, the SRP also guarantees a multiplier effect... Originally Posted by hulagway
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10-06-2009, 01:10 PM #1177C.I.A.
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well, as you already know, this COA thingy is now part of the case filed by Capitol against City hall regarding the FLI deal couple of months ago. it is not ngano karon paman nila gi question, but the question should be ngano apil mani sa pag question sa ilang kaso. Originally Posted by gikapoy
OT nani sir. accdg to them, dili na necessary daw to collect back the full amt but to re-negotiate the prices nlng due to the submerged lots and get back whatever is extra being paid. they don't want to let go of the lots coz the location is ideal for an international port. Originally Posted by gikapoy
OT gihapon ni pero ang mga Balili murag makasohan man...they have erred too and they're not exempted from the law u know. Originally Posted by gikapoy
Last edited by giddyboy; 10-06-2009 at 01:15 PM.
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10-06-2009, 01:14 PM #1178C.I.A.
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yeah i know, but COA approval is not also the determining factor why they filed the case against the City. Originally Posted by Minuano27
in the report "unless graft investigators see “sufficient basis and clear indication of prejudicial conduct.”", like u said, that only means nag depende rapud na on what city hall's response will be. so yes, we'll have to wait and see, as surely this is going to get interesting...Last edited by giddyboy; 10-06-2009 at 01:17 PM.
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10-06-2009, 05:42 PM #1179Senior Member
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my statement about city hall's response does not refer to whether or not there will be "sufficient basis and clear indication of prejudicial conduct". that reference was to whether or not city hall's response will result in the dropping of the case. Originally Posted by giddyboy
the reason for that distinction is this: Dep. Ombudsman Apostol's statement that the Ombudsman will not interfere in business decisions of an LGU is the "general rule", and the exception to that rule is when there is "sufficient basis."
the point, then, is that one's opinion as basis for a criminal/admin case will never constitute "sufficient basis and clear indication of prejudicial conduct". being an exception to the general rule, then from the very start of the case, the complaint must already indicate piece of evidence or circumstance that would tend to show "sufficient basis".
besides, being a criminal/admin case, the burden is on the capitol to prove this "sufficient basis", and i suppose there is none, because there's nothing in the newspaper reports that would indicate this.
also, city hall and its lawyers won't be dumb enough to provide "evidence" that would be their undoing. besides, since the issue really is the stipulations of the contract vis-a-vis what should have been done/not done under applicable law, this case really won't be about "evidence" anyway.
city hall's response interests me primarily because tomas has been challenging congressman garcia to produce the Taguig contract which the latter claimed in his privilege speech to be more favorable than the SRP contract. i'm almost sure that city hall will include this issue in their defense, and whether or not it will be accepted by the Ombudsman, it will be interesting to see what this Taguig contract is really about and whether or not the city got a bad deal on its contract.
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10-06-2009, 05:48 PM #1180Senior Member
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I don't know if this is OT, but in case some are wondering why capitol and city hall (or gwen and tomas) are at war, here's Frank Malilong's summary:
Malilong: Revisiting a conflict
Monday, October 5, 2009
NO, the war is not between City Hall and the Capitol, a reader remonstrated yesterday, but between Mayor Tomas Osmeña and Gov. Gwendolyn Garcia. The Province and the City were merely dragged into the fray.
She wasn’t the only one to correct me regarding my column last Sunday. “The war between the Capitol and the City has been full-blown since the issue of the land swap started,” City Hall consultant Joy Young said in a text message on the same day.
She has a point but I’m not sure if I can agree with the other proposition.
The origin of the rift between Osmeña and Garcia has been well-chronicled; writing about it would be like beating a dead horse. Joy’s assertion doesn’t seem to tally with my own recollection of the events leading to the infamous feud, however, so let us revisit, hopefully for the last time, the issue again.
Garcia and Osmeña had already agreed on the land swap (the Province’s property near the Cebu business district for the City’s land in the Reclamation Area) in principle. All that they needed was the authority of the Provincial Board and the City Council, respectively to sign the appropriate contract.
Garcia easily got hers and Osmeña was on his way to securing his until Vice Mayor Michael Rama stepped down from the Presiding Officer’s chair to deliver a scathing attack against the proposal, at one point accusing the Province of unjustly benefiting at the expense of the City.
The governor’s reaction was quick and furious, declaring that the deal was off. Osmeña, who was as surprised as everyone else by Rama’s vehement protest, tried to appease her. But she couldn’t be mollified.
Stung by the rebuff, Osmeña maneuvered to hit back at Garcia by refusing to grant a permit to the Province’s Ciudad project in Banilad. Garcia responded by closing a street in Fuente Osmeña.
In between, they traded insults.
Looking back now, it is difficult not to agree with the lady reader’s observation that this has been all along a personal fight between the governor and the mayor. Invoking the interest of the local government units that each headed came only as an afterthought.
No, Joy, it wasn’t a full-blown war when it started, not between Capitol and City Hall. It was a personal fight that worsened with every aggravation by both sides until it engulfed the City and the Province and climaxed with the filing of the criminal and administrative charges by the governor against the mayor, his councilors and a private contractor.
That, I think, is how history should be written.
Malilong: Revisiting a conflict | Sun.Star Network Online
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