Governor's reply

Let me print the reply of the governor to last week's query on the on-going road construction along Negros Oriental highways:

24 August 2009

ATTY. M. MIKHAIL LEE L. MAXINO
Director, Dr. Jovito R. Salonga
Center for Law and Development
Silliman University

Dear Atty. Maxino:

Thank you for your letter of 19 August 2009 re the on-going road constructions in the province.

May I inform you that even before this was brought to my attention, I have discussed the same questions you raised in your letter with the District Engineer of the Department of Public Works and Highways, District II, and later with the Congressman of the Second District and I am basically satisfied with their explanations.

Please know that since there are nationally-funded projects, the undersigned was not involved nor notified in the implementation of these projects, hence I have no control over the same.

However, I took the initiative of getting the cooperation of Mayors and the Barangay Captains in areas where there are on-going road construction to monitor compliance of the Contractors and to be ready to render assistance to the commuting public when necessary. Moreover, the Provincial Government also assisted contractors by identifying quarry areas nearest the project sites where the Contractors can source materials to speed up completion.

Should you need a more detailed answers to your questions, may I refer you to the Office of the District Engineer, DPWH-Dumaguete. With the inconveniences we are all experiencing at present because of the government’s efforts to provide wider and better roads for everyone, may I request our motorists driving up North to be careful and patient while on the road. These are only temporary delays that we have to bear in the name of progress.

Once again, thank you for bringing the matter to our attention and God bless us all!

Yours in service,

EMILIO C. MACIAS II, M..D.
Governor

Meanwhile, my Canada-based former classmate Grace Lim gave her observations when there are infrastructure projects in her place:

"Everyone I know in Dumaguete are complaining about this gyud!
Allow me to share one thing I admire about this place where I am now in terms of infrastructure projects: when the sidewalk near our house was being fixed, houseowners got notices detailing the job and time-frame around 2 weeks before the actual start of the project.
When the job started, all means of ensuring public safety and convenience were in place. They did what they had to do on schedule.
And one thing ako gi believe-ban, they even replanted the grass which was affected by the project.. gitagaan pa mi ug instructions on how to care for the sod!
That's it...

But for all the quirks, Dumaguete is still where my heart is!
Best regards."

NegOr.'s delayed road building

Let me re-print this letter asking our government officials to explain the delayed road construction projects, which is affecting not only the economy but the daily affairs of ordinary Negrenses.

August 19, 2009

The Honorable Dr. Emilio C. Macias II
Provincial Governor
Negros Oriental
Capitol Building, Dumaguete City

The Honorable Sangguniang Panlalawigan
Capitol Compound
Dumaguete City

Sirs/Mesdames:

We write to express the concerns and even the indignation of many over the on-going road constructions in the province. Although we heard that these constructions are national projects, the affected local government units have the legal obligation to see to it that the welfare of their inhabitants are not unduly compromised. Thus, we ask the Honorable Governor to immediately address the following concerns, and for the Honorable Sangguniang Panlalawigan to summon the concerned contractors and project managers and inquire into these concerns, in aid of legislation so that the appropriate ordinance may be passed to govern future road constructions.

1. We are told that that these government projects are not to be delayed. Yet why are these road constructions taking too long to the prejudice of the public? Why is there no work during rainy days, and at night which is the best time to work? Why don’t these projects hire shift workers who can work at night?

2. Why are personnel not assigned to facilitate traffic at certain times of the day, particularly at night? This failure raises concerns of public safety and convenience.

3. Why are there no or insufficient early warning devices at the project sites? We hear reports of accidents due to the absence of early warning devices or personnel to facilitate traffic or to warn on-coming vehicles.

4. Why are the contractors allowed to undertake many road projects at the same time? Are they not overstretching their resources and equipment? Isn’t this one of the major causes of delay?

5. Why are portions of road destroyed, abandoned, and unattended for some time? Shouldn’t we require existing road projects to be completed first before other portions of the road are destroyed?

6. Who are the contractors and what are their respective time-frames? What are their respective plans to mitigate public inconvenience and ensure public safety?

These and many other questions need to be satisfactorily answered. There is the general impression that the current road constructions are being undertaken without regard to public convenience or safety. The public can no longer tolerate such callousness. We earnestly ask our public officials to take up the public’s cause.

Thank you.

Very truly yours,


M. Mikhail Lee L. Maxino
Director, Dr. Jovito R. Salonga
Center For Law and Development
Silliman University

Unbelievable brownouts

I am shocked at the reality that in Negros Oriental and Dumaguete City, brownouts are an ordinary occurrence.
Residents are simply made to accept the reality that day-long brownouts are experiences that people just have to accept.
How pathetic.
No wonder Negros Oriental and Dumaguete City remains to be one of the poorest provinces in the country.
When brownouts occur, everything is in a standstill.
The greatest adverse effect of these day-long brownouts is on the economy.
Who will invest here in the province when investors would have to contend with the problems of brownouts?
Can you imagine a call center being disturbed by frequent brownouts that would hamper their operations?
These brownouts are the source of breach of commercial agreements.
Take for example radio stations.
Broadcast facilities have signed contracts to air commercials.
If there are occasional brownouts, these commercials/advertisements are not aired.
Technically that is a breach.
What about the hospitals?
If there are important surgeries, hospitals would have to contend with perrenial power outages.
Not to mention the impact brownouts have on department stores, and ordinary traders.
Yet it seems that these brownouts in Dumaguete and Negros Oriental are things that people accept as a fact of life.
The irony of it all is that Negros Oriental is one of the principal sources of geothermal energy in the country.
Yet, economically this province remains at the tail end.
No wonder.

The cityhood bottomline

The bottomline in the bid for cityhood by many municipalities is money.
If a municipality succeeds in converting itself into a city, its share in the pie for Internal Revenue Allotment shots up to the sky.
It is a financial bonanza for the local government unit.
The Supreme Court Decision last November 18, 2008 that ushered a stinging debacle to Guihulngan, in its futile bid to become a city, is not yet final and executory.
I don't even know if the the Guihulngan local government has already received its own copy of the decison.
The fifteen-day period to appeal (reconsdieration) starts to count upon receipt of the decision by Guihulngan being one of the respondents.
So up to now, Guihulngan can still regard itself as a city, and it can continue to receive its share in Internal Revenue Allotments as a city.
What Guihulngan, and perhaps the rest of the defeated municipalities, properly need to do is to appeal through a motion for reconsideration with the high court.
It is not a unanimous decision, but a divided one, mind you.
I couldn't feel the passion in the hearts of these municipalities in seeking to be converted a city, until I was given a computation by our technical people on local governments from the office of Senator Aquilino Q. Pimentel Jr., like Director Eliuterio Domugho, and staff member Katrina Infante.
Let's take the example of Guihulngan.
This year alone (2008), if Guihulngan maintains itself as a city, its Internal Revenue Allotment (IRA) would shoot up to P287,133,055.45.
But if it reverted back to a municipality, Guihulngan's IRA for 2008 would be just P97,362,841.98.
In the year 2009 Guihulngan's IRA as a city would have amounted to P341,526,420.06
But if it is reverted to a municipality, Guihulngan's computed ITR for 2009 would only be P115,434,707.97.
If a town is converted into a city, its IRA share jumps to almost three times bigger in IRA share than when it was still a town.
This is the sole reason why there is that so-called "mad rush" to cityhood.
The existing cities, naturally won't like this as their share in the IRA woule be reduced to accomodate the new cities.
For the cities, they don't like more members bcause many will be sharing their pie.
The problem does not end with the Supreme Court decision.
What happens now to the city offices created by these "converted-reverted" LGUs?
Guihulngan, I suppose has created its city division schools with staff, even local court personnel.
What do we do with these newly created offices now with the reversion of Guihulngan into a municipality?
What happens to the newly hired employees? Terminate them?
Impliedly, the decision declared the cityhood void and unconstitutional.
So these newly created offices reserved only for cities should be obliterated?
What's your opinion?

Guihulngan is a city no more

Guihulngan’s bid to be the sixth and newest city of Negros Oriental has been thwarted after the Supreme Court last Tuesday (November 18) voided the town’s cityhood law.
The biggest setback suffered by Guihulngan is the reduciton of its share in the Internal Revenue Allotments.
Guihulngan stood to receive a much larger IRA share had it remained a city.
According to Director Terry Domugho, a native of neighbroing La Libertad, and our go-to-guy when it comes to local government data, information and issues, a town stands to receive about three times its I.R.A. share (as a town) if it is converted into a city.
He promised to provide the data for Guihulngan, particularly comparative figures on its I.R.A. share.
The high court in an en banc ruling (G.R. No. 177499) Tuesday declared as unconstitutional Republic Act No. 9409, the law that converted the municipality of Guihulngan into a city.
It became law on March 24, 2007.
However, subsequently, the League of cities filed a petition in the Supreme Court to declare as unconstitutional such “cityhood law”, along with fifteen other similar laws that converted towns into cities.
According to the league of cities, the “cityhood” laws violated the constitution because it exempted Guilhulngan and other similar towns from complying with the income requirement in the local government code.
The local government code Section 450, requires that in order for a town to be eligible to become a city, it must have an income of at least P100-million.
The local government code also prescribes minimum size and population for an applicant town.
But when the Guihulngan “cityhood” law was enacted, it contained a provision (Section 61) that exempted the town from complying with the income requirement in the local government code.
The League of cities, represented by the cities of Bais and Bayawan for Negros Oriental, protested the unfairness.
The leagues argued there is no basis for making such exemptions from compliance with the income requirement.
The Supreme Court agreed saying that the constitution specifically requires that the criteria prescribed in the local government code in order for a town to become a city must be followed.
The Supreme Court cited Section 10 Article X of the 1987 constitution which provides that: “No …city…shall be created,… except in accordance with the criteria established in the local government code.
“Congress cannot create a city through a law that does not comply with the criteria or exemption found in the Local Government Code,” the Supreme Court declared.
The creation of cities must be through a general law, meaning the local government code, and not “cityhood” laws, the court noted.
But the policy protest of the league of cities is that they don’t want towns to become cities, and eventually share in the internal revenue allotments for cities, by making short-cuts (not complying with the income threshold requirement).
The Supreme court also cited Section 6 Article X of the constitution which provides that: “Local government units shall have a just share in the national taxes”
If towns are allowed to become cities without complying with the prescribed criteria in the local government code, then it would subvert the constitutional mandate for cities to have a “just share” share in the national taxes.

Our taxes used for private purpose?

In relation to the issue of public funds used for private purposes, I re-call a case on this regard: Wenceslao Pascual v Secretary of Public Works (G.R. L-10405, decided Dec. 29, 1960).
In the 1950’s, Gov. Wenceslao Pascual of Rizal province filed a case questioning the appropriation of P85,000 to be used purportedly for the construction repair extension and expansion of “feeder road terminals” in Pasig.
According to Gov. Pascual, these so-called feeder roads were yet planned subdivision roads that were not yet constructed.
Worse, the sites of these feeder roads were located within a private subdivision owned by a Senator, Jose C. Zulueta, which feeder roads do not connect to a government road or highway.
But just prior to the approval of this appropriation law, Senator Zulueta wrote the municipal council, offering to donate the projected feeder roads to the municipality of Pasig.

The charge

The charge of Gov. Pascual was that inasmuch as the projected feeder roads in question were private property at the time of the passage and approval of the appropriations law, such appropriation of P85,000.00 for the construction, reconstruction, repair, extension and improvement of said projected feeder roads, was "illegal.
In short, Gov. Pascual charged that public funds were appropriated for a private purpose, which is illegal and unconstitutional.
The case was eventually elevated to the Supreme Court.

The issue

The issue brought before the court was whether or not the appropriation of P85,000 to construct a projected feeder road upon a location that was privately owned was legal or illegal.
The Supreme Court ruled the particular appropriation was illegal and, therefore void.
In this case, the Supreme Court laid down the rules and standards in determining whether a certain appropriation can be considered for public or private use.
In determining whether an appropriation is for public or private use, consequently it will be determined whether an appropriation is legal or illegal.

What is the test, according to the court?

The test of the constitutionality of a statute requiring the use of public funds is whether the statute is designed to promote the public interests, as opposed to the furtherance of the advantage of individuals, although each advantage to individuals might incidentally serve the public

According to the Supreme Court, inasmuch as the land on which the projected feeder roads were to be constructed belonged then to respondent Zulueta, the result is that said appropriation sought a private purpose, and, hence, was void.

Wenceslao Pascual v Secretary is a case commonly discussed in first year law school under constitutional law to find out, and to learn what is public purpose (legal) and private purpose (illegal).

Relating to the appropriation for T-shirts

Let us relate this important case of Wenceslao Pascual v Secretary of Public works, to the insistence of the city government to appropriate funds (reportedly P200,000.00) for T-shirts of city government employees.

The city government is inclined to push through with this T-shirt appropriation.
The argument, we read, is that anyway the T-shirts are to be used many times over in various activities.
The next argument is that the council determines what is necessary, therefore finding this necessity, then it can appropriate our taxes to buy T-shirts for city employees.

Applying the Supreme Court test

If we follow the test applied by the Supreme Court, the question is: will the appropriation for T-shirts of city employees promote the interests of ordinary taxpayers like you and me?
If so, how does the appropriation of funds to buy T-shirts for city employees promote our interests as a taxpayers?
If city government employees wear T-shirts on parades, how does that promote and advance the general welfare of citizens?
Let’s be more liberal. How will the wearing of T-shirts by city employees even remotely or incidentally advance the welfare of taxpayers and the community?
Can the city government explain that to us ordinary citizens, whose hard-earned taxes are to be used to buy these T-shirts?

To be used many times

The argument advanced to back the T-shirt appropriation is that “anyway the T-shirts will be used many times” in various activities.
Even if that T-shirt is worn a thousand times, we still go back to the basic question: How will these T-shirts advance and promote the welfare of ordinary taxpayers?
Will the taxpayers’ money not be put to better use if the city instead buy more equipment for our police, who until now are still using vintage police vehicles?
Which would advance and promote the public welfare?
Let’s call a spade a spade: Will the T-shirt appropriation advance the public interest, or the politicians’ interest?

Necessity

Another argument advanced by the city to justify the T-shirt appropriation is that it is the council that determines what is necessary or not.
This argument is at the height of misplaced political arrogance.
The issue is not necessity.
The issue is legality.
Besides, how has it become necessary to buy T-shirts for city employees?
Are city employees walking around naked, that they need to be clothed?
Where is the necessity?
Are the T-shirts merely for aesthetics?
Is aesthetics tantamount to necessity?

Appeal

Hence we kindly appeal to our trustworthy (“kasaligan”) public servants at city hall.
We are guided by laws and rules laid down by the Congress and the Supreme Court.
We follow these rules so that there will be order and progress in society.
That is why there is such a thing as upholding “the rule of law” not the rule of rogue public officials.
We hope that those entrusted with our hard-earned taxes will properly use it to promote the welfare of the whole community, not a handful of political supporters.
Otherwise, we just have to appeal to the electorate to remember these untrustworthy public officials in the coming election.
We, in the press, assure you:
We will not forget.

COA, the press, and good governance

We have, in this space, shared a series of interesting incidents in local governance through the regular reports of the Commission on Audit (COA).
When I was handed copies of COA reports, it has been a feeling of bitter-sweet.
It is sweet to see that the COA reports are a “goldmine,” in terms of trying to see how governance can be improved, particularly in trying to plug the loopholes to prevent taxpayers money from being unnecessarily drained.
At the same time, it is bitter to read how our hard-earned taxes have been wasted and illegally disbursed by public servants who have been entrusted to take care of public funds.
Public funds, we have discovered, have been funneled to what we call "bubble-gang disbursements", illegally channeled to private purposes.
We have seen innovative ways to divert public funds away from intended purposes.
It is sickening.
Nevertheless, we have noticed that the COA reports we have been furnished so far have been sincerely attempting to promote good governance, and the proper handling of the peoples’ funds.
Unfortunately, the COA recommendations have fallen on deaf ears.
The illegal activities (read: corruption) continue unabated.
We cannot let the moment pass without thanking our tireless COA personnel, commnedable public servants, who have been trying to correct what is wrong with government.
This is not an easy task, considering the political pressures that come with the job.
This is not to say that the COA is totally insulated from the creeping claws of corruption.
We have also seen certain COA personnel and officers (not in Negros Oriental) who have yielded to worldly desires, and who have succumb to the charms of corruption.
You can easily see when a COA report is tainted with corruption because the report “sees-no-evil” and “hears-no-evil”. Thus we "read-no-evil."
A corrupted COA report is like pornography.
You know it when you see it.
But not the COA reports we have read so far.
That is why we, in the media have been willing instruments and collaborators with the COA in pursuit of good governance.
We are willing to be disseminators to the public of official COA findings, so that the people will know how their hard earned taxes are being used and spent, or misspent (like for nose repair).
We in the press will continue to do our share in exercising vigilance because we feel and we know that people don't want their tax money wasted.
Our role as disseminators of information on matters of public concern is well defined.
COA audits. Media reports.
Our hope is that the public too, will do their share in exercising vigilance over the affairs of government.
COA alone cannot do it.
Media alone cannot do it.
But together, as a people, we can help build a better government.

Local swine scam exposed

The Commission on Audit has exposed what is deemed to be the local version of the “swine scam” involving top officials of the Dumaguete city agriculture office.
The Commission on Audit (COA) has uncovered several anomalies involving city agriculturist Engr. Alfredo delos Santos and staff in his office, in connection withy the city government’s Swine Fattening–Grow-Now-Pay-Later-Project (GNPLP).
The Swine Fattening Grow-Now-Pay-Later-Project (GNPLP) aims to give recipients the feeds required for swine fattening.
Under this program the recipients, after selling the fattened swine, will pay the value of the feeds they had received, plus one percent.
The COA has found out that there is an unaccounted balance or “shortage” or “deficiency” in the financial records of this project.
The COA has also found out that the beneficiaries of this swine fattening project were the wife of the city agriculturist, and three of his staff.
The COA also discovered that after public funds were released to purchase the swine feeds, not a single centavo has been repaid to the city government, since the repayments by the beneficiaries were diverted and treated as “revolving fund” in the name of the management committee.
“As of December 31, 2007, not a single centavo has been returned to the city,” the COA reported.

Conflict of interest

The city agriculturist, Engr. Alfredo Delos Santos, appears to be suffering from a conflict of interest.
The COA reported: “An examination of the list of recipients/beneficiaries showed three (3) employees of the City Agriculturist’s Office availed of the program.”
The COA reported added: “An immediate member of the OIC City Agriculturist availed of the program five (5) times, for total loaned amount of P62,837.00.”

“Real Intent” questioned

“This fact raises questions as to the real intent of the project considering that this office is the proponent and implementor” said the COA,
The COA said officers of the city agriculturists office should have inhibited themselves from becoming beneficiaries.
In fact, the signatory to the memoranda of this Swine fattening project was the OIC City agriculturist (Engr. Alfredo Delos Santos) himself, thus making the agreements with his family and staff high questionable, the COA said.

Delos Santos defends wife

In response to these COA findings, Engr. Alfredo Delos Santos defended his wife Cleta Delos Santos’ involvement as a major beneficiary of the Swine Fattening Grow-Now-Pay-Later-Project.
Delos Santos downplayed his wife’s involvement saying: “The inclusion of Mrs. Cleta Delos Santos and three other employees as recipient/beneficiaries is incident to their being members of the organization which tended to, and supervised the Grow-Now-Pay-Later-Scheme and the Swine Fattening.”
Engr. Delos Santos explained that in fact, Mrs. Cleta Delos Santos was past president of the RIC Motong, and the President of the Federation of Rural Improvement Club of Dumaguete City for 2006 and 2007.
It was actually the association of Federation of Farmers Association that was the recipients/beneficiaries, but being President of both organizations, it was inevitable that their names would be included as recipient, beneficiaries.

Nothing anomalous

City agriculturist Engr. Delos Santos maintained: “There is nothing anomalous for members, particularly officers of the Federation who are involved in the day-to-day operations of the organization because the administration, supervision and operations are counted on them.”
Delos Santos debunked as “misplaced” and “without basis” the allegations of anomaly regarding the beneficiaries of the swine fattening project involving his wife and three of his staff.

Fund shortage confirmed

Meanwhile, Engr. Delos Santos confirmed the shortage in the swine fattening program amounting to P21,000.00.
In the investigation it appeared that a portion of the feeds intended for the Grow-Now-Pay-Later-Project were “intentionally used” as feeds for the city Farmstead in 2004.
The farmstead caretaker unfortunately, cannot recall how many bags of feeds were used or consumed in feeding the animals in the city farmstead, Delos Santos explained.

Wife also beneficiary in another project

The COA also reported that Mrs. Cleta Delos Santos, the city agriculturist's wife, is also listed as loan beneficiary in another program under the city agriculture office. Records show the wife also loaned from the Plant-Now-Pay-Later-Program, presumably a project similar to the Grow-Now-Pay-Later-Project. Still, six other employees of the city agriculture office were listed as recipients of this project.
Mrs. Cleta Delos Santos must be a very active individual.
Her name crops up in the money-related loan projects in the government department that her husband heads.

City office illegally issuing temporary receipts

When you pay anything to the city government, always demand an official receipt.
Do not accept anything short of the official receipt.
If a city office to whom you paid money issues a temporary receipt in lieu of an official receipt, tell that collecting personnel that this is illegal.
The law, the revised administrative code provides that No payment of any nature shall be received by a collecting officer without immediately issuing an official receipt in acknowledgment thereof.
The government’s accounting and auditing manual explicitly prohibits the issuance of temporary receipts: “At no instance shall temporary receipts be issued to acknowledge receipt of public funds.
The Commission on Audit has discovered that the city agriculturist’s office, crop division, had been issuing temporary receipts (T.R.), instead of official receipts (O.R.) in the sale of crops.
This is illegal, says the COA.
The COA conducted an examination of the file copies of documents kept by Ms. Felicitas A. Barba, Agriculturist II, the center chief, crop division.
The COA found several ORIGINAL copies of already-issued official receipts.
The COA was surprised---or suspicious?--- why already-issued official receipts were still in Ms. Barba’s possession when these official receipts are supposed to be in the possession of crop buyers.
The COA then discovered that what were issued by the office were not official receipts, but only “temporary acknowledgment receipts.”
According to Ms. Barba, upon the sale of crops, the buyers are issued temporary acknowledgement receipts, especially during those times when she is not around.
Ms. Barba continued to explain, that in her absence, she designates a utility worker, named Eddie Apenas to accept sales of crops and instructs him to issue temporary receipts to the buyers, prior to issuance of official receipts which are in her custody.
The COA inquired, why official receipts (already issued) were still in her possession.
Ms. Barba explained these official receipts will be given to the buyers “later”, or when they come back to buy again.
The COA asked whether the office has file copies of the temporary receipts.
None, said Barba.
This is illegal, COA reminded.
This practice may raise suspicions as regards the amounts appearing in the temporary receipts, with that indicated/transferred in the official receipts, the alarmed COA noted.
There is no way to trace and compare the T.R. against the O.R. because there were no file copies of the issued temporary receipts.
The COA also raised the possibility that no official receipts may have been issued for some collections.
If this is the case, to whose pocket do these collections go?
Ms. Barba said she has been recently designated. She is not aware of the regulations.
After the COA discovery, Ms. Barba said the practice of issuing temporary receipts will be stopped.
Here is a possible scenario, as may be feared by the COA: For example, P500 was paid by a buyer. A temporary receipt of P500 is issued (by a utility worker) and given to the buyer. But what if only P100 is “later” written in the official receipt ?
Remember, the COA uncovered issued official receipts in Ms. Barba’s possession.
Is this scenario impossible, improbable, remote?
What’s your answer?

Letter to city agriculturist

I sent a letter to the city agriculturist of Dumaguete City , asking for his side about the report of the Commission on Audit which discloses very disturbing anomalies in this city office. I realized that the anomalies that has plagued the Department of Agriculture (read: Joc Joc Bolante, swin scam, etc.) has trickled down to the local counterparts. Here is the letter:

October 17, 2008

Alfredo de los Santos
City Agriculturist
Dumaguete City

Sir:

May we kindly request your side about the COA report for 2007 which points to certain questionable transactions by the city agriculture office. We intend to await your side on the matter before publication. But please give us your response on or before October 23, 2008.

The COA report for the year 2007 discusses its findings on the city agriculture office on its “Part II – Findings and Recommendations” Nos. 9, 10, 11, 12. A copy of the COA report is available at the COA office where we got our copy.

Specifically we seek your side on the report that your wife, Cleta de los Santos, and city agriculture office employees were recipients/beneficiaries of Plant now pay later scheme, Grow-now-pay later scheme swine fattening.

We also want to know why crops sold in the city agriculture office were so low than usual market prices, and why the city farmstead was a prominent buyer.

We look forward to getting your side.

I can be contacted at Cel phone number 0920-932-6537, or email at elmarjayd@yahoo.com.

Thank you.


Elmar Jay Martin I. Dejaresco
Associate Editor

City vehicles illegally plying the streets

At least forty vehicles owned by the Dumaguete city government are illegally operating in the streets, the 2007 Commission on Audit reported disclosed.
The COA has revealed that thirty four (34) city-owned vehicles are bearing private (green) plates, instead of the mandated red-colored plates.
In addition, seven other city owned vehicles are operating without license plates at all.
The thirty four city owned vehicles bearing private plates consist of 14 Honda motorcycles, 3 Suzuki multi-cabs, 10 dump trucks and 7 service vehicles of various brands.
The COA also reports that a Hummer assigned to the city economic enterprises department, an ambulance assigned to the health office, an Isuzu dump truck and four Honda motorcycles assigned to the city planning, PNP, sectoral desk and city treasurer’s office are all without license plates (whether private or gov’t owned).
The COA reports that one motorcycle was seen to have government plate with the numbers painted green, ostensibly to make it appear that the motor is not government-owned.

No "For Official Use"

In addition, the COA reports that out of 103 city vehicles inspected, 76 vehicles were not marked with “FOR OFFICIAL USE ONLY.”
So, government vehicles bear private plates.
It is not marked “FOR OFFICIAL USE ONLY”.
What is the result?
According to the COA, “ the use of private plates, without ‘FOR OFFICIAL USE’ markings allows the misuse or personal use of such vehicles by officials and employees assigned thereto.”

City blames LTO

But the OIC of the general services office is blaming the LTO for non-availability of government (red) plates.
The General Services Officer explains that private plates on government vehicles could not be replaced with government plates because the LTO “does not have a supply of government plates.”

Traffic Code prohibits substitution of plates

However, the Traffic Code (R.A. 4136), does not allow substitution of private plates if government plates are not available.
Section 17 (a) of the Traffic Code says that ”in case no number plates are available, the Commissioner or his deputies may issue, without charge, a written permit temporarily authorizing the operation of any motor vehicles with other means of identification.”
Government vehicles with private plates are violating Section 7 of R.A. 4136 or the Traffic Code, which mandates that government vehicles shall be registered as either government automobiles, government trucks, or government motorcycles.
As a matter of fact, assuming that there are no available government plates in the LTO, it is no justification to procure private license plates.
The LTO will just issue a temporary written permit, without any charge.
Besides, according to section 8 of the traffic code, registration under government motor vehicle shall be free of charge.
So why go to the extent of procuring private plates, and mis-representing a government vehicle as private?

The COA’s suspicions are correct:
This grand deception will allow the mis-use, abuse, and private use of such government vehicles outside office hours, like going to the market, going to the beach, going to parties, drinking sessions, going to the cockpit, pang-chicks, among others.


P.S.
So hopefully the LTO will not have difficulty looking for these illegally operating city vehicles, the COA has listed them down, which we are re-printing, so the public (the real owners of the vehicles) may know.(To enlarge the table point the curser on the image and then left click)

Public funds for nose-repair?

Taxpayer’s money, amounting to P778,000.00 have been illegally disbursed by the Dumaguete city government for private purposes.
Illegal private-purpose spending included a P20,000.00 nose-repair for a city government employee’s daughter; another P10,0000.00 was spent for executive check-up; another for plane fare to Manila for an individual for his interview in the U.S. embassy; still another to purchase a hearing aid.
These were just some of the illegal disbursements by the city government uncovered by the commission on audit in its report for 2007.

COA’s slams city

The Commission on Audit has slammed the city government’s blatant illegal use of taxpayer’s money for the benefit purely of private individuals.
This unlawful, criminal practice runs afoul to the basic rule that public funds should not be used for private purposes.
This is a specific limitation by the constitution on the use of public money only for public purpose.
The COA also cites Presidential Decree 1445 or the State Auditing Code.
This law mandates that: "Government funds or property shall be spent or used solely for public purposes"
But the commission on audit is aghast when peoples’ money have been “donated” to private individuals ranging from P10,000 to P20,000 each.
The disbursements have been labeled as “financial assistance” for hospitalization, medical, burial, transportation, expenses, and private affairs.
Spending peoples' money on such private purposes strongly reflects a corrupt and crooked culture of chronic political patronage perpetrated by the city government.
Read: Malversation

Interesting ‘private-purpose’ expenses

Bubble Gang. The COA has reported that the city government anomalously spent P40,000.00 for travel and transportation expenses of the cast and crew of a television program “Bubble Gang” while shooting in Dumaguete City.
The COA’s says this t.v. activity is purely private, not being an activity or program of the city government.
Nose repair. What was eye-catching was the release by the city government of a DBP check no. 23902891 amounting to P20,000.00 paid to one Gilbert Ablong, a city traffic employee, as “financial assistance” for “bone grafting/repair of daughter’s nose”
How does the city government justify this as “public purpose”?
I have heard of public funds used for "road-repair", but not for "nose-repair".
I don't think nose-repair would constitute "public works" so as to justify the use of public funds. What do you think?
U.S. embassy interview. Another financial assistance was to one Dexter P. Noblefranca, for his “plane fare to Manila for interview at the U.S. embassy.” It was charged by the city government as “extra-ordinary expenses”.
The COA said this is not public purpose.
Father’s fare. Another DBP check no. 23903192 amounting to P7,136 was disbursed as financial assistance to transport Rolando Capuyo, a father, to his son's awarding as finalist in the ten outstanding students of the Philippines, charged as “extra ordinary expenses”.
This is not public purpose, says the COA.
Hearing aid. Another DBP check no. 23902570 amounting to P11,000.00 was paid to one Matilda D. Torres as financial assistance to purchase a hearing aid. Not public purpose, says the COA.
Money to Lion’s Club. COA reports a lion's share of peoples' money went to a private entity, the Dumaguete Lion's Club. A DBP check no. 25717252 amounting to P100,000.00 was paid to the Dumaguete Lion’s Club, purportedly for the NegOr. Rehabilitation center.
The COA said the money should not have been given to Lion’s club being a private entity, but direct to the rehab center.

COA summary of private-purpose expenses

The COA has summarized the city government's anomalous disbursements for private purposes using public funds.
Hospitalization and medical expenses P508,596.00
Burial expenses amounted to P81,000.00
Transportation expenses of persons attending conventions, tournaments, etc., P189,142.00
The total amount of public funds spent by the city in 2007 for private purposes was P778,738.20.

Analyzing the disbursements

An analysis of the city's illegal disbursements gives rise to stark revelations.
First, based on the COA report and table, a majority of the recepients of medical, hospitalization, burial, assistance are themselves city government employees, officials, barangay officials, and their relatives (Love your own...political supporters?).
Being employees, they cannot be classified as indigents.
The DSWD has a program where the government gives direct financial assistance to indigents. But the limit is only P2,000 per beneficiary, and definitely only for indigents.

Election-connection?

Second observation: 85% of the financial assitance or "donations" extended by the city were made just prior to, or on the month of a signficiant political event---the elections.
The COA table-schedule shows the date the "donations" were extended.
After the elections, the COA list/table of beneficiaries of medical, hospitalization assistance dramatically dropped.
If P580,000.00 were disbursed as "donations" in 2007 by the city for medical, hospitalization assistance, around P500,000 of the donations---or almost 90%---were made prior to, or on the month of the 2007 elections.

Below are three tables presented by the COA listing down how the peoples' money have been illegally spent for private purposes. (To enlarge the table, point the mouse-curser to the table and click the left button)

Furor over cellphones

Not a few are aghast over the recent idea to provide each city councilors of Dumaguete with expensive cellphones (costing P30,000.00 per phone according to reports).
Apparently the idea is to equip our local lawmakers with state of the art communications devices in order to help them in their very important duties of crafting laws, even if they meet only once a week.
Of course, they need cellphones to talk to each other and intelligently deliberate on very urgent, vital, earth-shaking legislative proposals before they attend sesions on Thursdays.
But why not use the landline which is free, and already existing?
We in the media have already discused this absurd, if not ludicrous proposal even before it was shelved, owing to a backlash from the people themselves.
I appeal to our city councilors, if you have a sense of good governance, to not only hold, postpone, archive such an idea but to permanently discard it.
Please don't use taxpayers' money for cellphones.
You see, the number one problem in Dumaguete right now is crystal clear.
Its crime.
It is a problem that the Perdices administration, has dismally failed to solve.
People are frightened, in case our dear city officials are not aware.
It was a hot topic of discussion among visting alumni who recently gathered in Dumaguete.
The common question was: What has happened to Dumaguete?
Killings here. Kilings there. Killings everywhere.
Is Dumaguete the new killing field?
May we ask mayor Perdices to update his constituents-taxpayers as to what has happened to the murder of his own city treasurer Erlinda Tumongha, and his good friend Angeling Lajato?
Before we ask about the others who were killied, specially those victims of extrajudicial kilings.
I hope mayor Perdices gives the people an update, before he even thinks of running for governor.
(Ah, the elections are not far away...)
Anyway, what puzzles me no end is this: If crime is the number one concern among Dumaguetenos, why on Earth did the city council ever think of equipping themselves with expensive cellphones?
How will equipping councilors with cellphones, help fight crime?
I was struggling to rationalize the problem, viz-a-viz the actions of the city council.
Is this good governance?
We, in the media have our own ways of getting the feelings and pulse of people who are concerned for this city.
Let me share some of the comments we got from our on-line comments:

One who identified himself as "concerned" posted:
"the government employees should not and will not be allowed usage of any luxury cellphones from government funds…there’s always cheaper means of communication but why those luxury ones? before they propose budgets or laws on use of thise techy machines they should consider the safety of the people of dumaguete first which is not thretened by the rampant killings…the killers are choosing no one as there VICTIMS so they should consider that FIRST!!!we are sick of hearing those purchase of non-important things"

One who calls himself "Dumaguitnon" posted:
"Chiquiting already announced his desire to run for mayor in 2010. He voted for (not against) the ‘cellphone provision’ and because it got so much public criticism, he is proposing to instead use the funds to purchase motorcycles for the police. As if motorcycles would solve our crime problems. Talk about political aggrandizing. But he is not scrapping the cellphone pork barrel because he is just proposing to ‘postpone’ it. If he really cares, he should propose REAL solutions to the increasing crime in our city and not propose band-aid solutions like motorcyles for the police force. Chiquiting is just like Tuting - reactionary instead of visionary. WE need more councilors like Cordova who voted against the wasteful cellphone provision and is proposing the police auxillary force to augment the understaffed police force."

"Mabuhay99" posted:
"The Police Force should have been given cellfones and walkie-talkies and NOT the members of the city council- but strictly for police work and NOT for PLEASURE. P30,000 luxury cellfone is too much to bear and that’s already an ABUSE. “WHAT A SHAME” !!!"

"Propinoy" commented:
"WHat!? cellular phones for Councilors? Are they Crazy? First, all of them already have their phones, I bet. 2nd, they are very very expensive and that’s people’s money. they should focus on some project instead of personal interests. 3rd, there are several problems in the city, wake up councilors! I am sorry but i will call it an Idiotic move to giv them cellfones."

"Watcher" commented:
"Who’s the author of the cellular phone thing? At 30,000 thousand each? My goodness! he should not have been elected to public office. You know, that needs a big budget also for the load specially prepaid. postpaid is also hard to monitor. for me that’s another tool for corruption, have a phone to justify the consumption of budget for its load. C’mon think people! and besides Councilors have no time to entertain messages of the ordinary masses. it’s just a waste of their time as they say. lugos man gani managad sa text pa kaha nga pwerting daghana. so, NO CELLULAR PHONES FOR COUNCILOR, ETC. whoever the author is, he should think again."

"pickled_newt" commented:
"It is sounds ridiculous purchasing 15 phones of P30,000 each when there isn’t much on the budget
for the police force.Why can’t they use the cheap ones .I don’t know much about Mr Sagarbarria but the choice he made of diverting them into buying few motor vehicles isn’t that bad.It doesn’t solve the all out crime problem of Dumaguete,but it is a little step forward ."

DILG opinion inconsistent, flawed, baseless

The Department of Interior and Local Government's (DILG) opinion that the position of ex officio membership of the liga president in the city council is an elective position, is fatally flawed and devoid of any legal basis.
At the same time, The DILG has advanced a totally inconsistent and irreconcilable position when it admitted and accepted that barangay officials are presently acting in a "hold-over" capacity.
Barangay officials like Harrison Gonzales are acting in a "hold-over capacity" because their three-year term of office had long expired.
Barangay officials were thus appointed in hold-over capacities in the meantime that the next barangay elections are yet to be held in October.
First, DILG city operations officer Leopoldo Y. Gravador contends that the ex officio membership of the liga president in the sanggunian is elective because he is not among those appointive officials enumerated in Section 469-490.
This simplistic reasoning is utterly flawed and even irrelevant.
The city DILG has failed to recognize that those appointive official he refers to are offcials exercising EXECUTIVE FUNCTIONS, or are members of the executive department except the secretary to the sanggunian, who exercises secretarial functions.
These appointive officials refered to by the DILG (Sec 469-490) are career officials, heads of executive departments.
Who are these appointive officials referred to by the city DILG under Section 469-490?
These are the city treasurer, assistant treasurer, city assessor, city accountant, city budget officer, city palnning officer, city engineer, city health officer, civil registrar, city administrator, city legal officer, city veterinarian, city social welfare officer and general services officer and the secretary to the sangunian who has the rank and salary of a head of department.
As can be easily seen, these appointive officers refered to by DILG's Gravador are officials in the executive department exercising non-legislative functions.
They are the local counterparts of cabinet secretaries, appointed by the mayor, and in the case of the treasurer and assistant treasurer, by the secretary of finance.
The appointive position of the liga president to the sanggunian as ex officio member is an appointment to a legislative body (read: lawmaking).
Naturally, the ex officio sanggunan membership (of the liga president) cannot be among those enumerated in Section 469-490 because the mayor, an executive official, cannot appoint somebody to the legislative branch in view of the separation of powers betwen the executive and legislative.
It is sad to note that in rendering his (flawed) opinion, the city DILG is unable to distinguish an executive official or function, from a legislative official or function.
How can we now expect him to distinguish between an elective position from an appointive position?
The DILG opinion, is way off-tangent.
Second, the city DILG opinion said "on the contrary, the manner of election and the ex-officio membership of the Liga President in the Sanggunian is clearly provided along with the manner of election of hte regular members of the snaggunian bayan."
This statement is grossly misleading.
There is nothing in the law that provides for "the manner of ...election of the liga president in the sanggunian."
Unless we missed the law, the city DILG needs to explain where exactly in the local government code does it provide for "the manner of election of the liga president in the sanggunian."
Our reading of the law, clearly conveys the appointive nature of the liga president's ex officio membership to the sanggunian.
The law states: "The presidents of the liga ng mga barangay and the pederasyon ng mga sagguniang kabataan elected by their respective chapters, as provided in this Code, SHALL SERVE as ex officio members of the sanggunian.
When the law commands that the liga president SHALL SERVE as ex officio member...", it is an appointment, a designation, a directive, a mandate.
How can that be elective?
If the DILG insists that the ex officio membership in the sangunian is elective, we ask the question: elected by whom? elected when? elected for what term?
Certainly it is not the sovereign electorate who elects the ex officio membership of the liga president.
I don't recall Harrison Gonzales having been elected by the people to the sanggunian.
I hope the DILG gives a more clarificatory explanation because his opinion is more confusing.
May we suggest that the DILG give the people a background of the history of the ex officio membership of the liga president to the sanggunian.
As far as history and tradition is concerned, the ex officio membership of the barangays in the sanggunian has always been appointive.
Under the old local government code (Batas Pambansa 337), the president appointed the barangay representative to the sanggunian.
Then the appointment was delegated to the secretary of the DILG.
Under the present local government code, it is now the law itself that mandates that the liga president SHALL SERVE as ex officio member in the sanggunian during his term of office.
The DILG should explain how a historically and traditionally appointive and appointed position i.e. ex officio membership of the barangay representative to the sanggunian, has suddenly become elective.
The third point by the city DILG betrays his glaring inconsistency.
By admitting that brangay officials are in a "hold over capacity", this only means that barangay officials are presently holding appointive positions.
A hold-over position is always appointive.
One is appointed in a hold-over capacity precisely because the term of office for which he was elected is already over.
An elected official whose term of office is over is supposed to step down.
But, in the words of the Supreme Court, due to the exigencies, the same official is appointed to a hold-over capacity pending the election of the next set of officials. Hold over is only temporary.
The official in a hold-over capacity therefore is always an appointive position.
To maintain the hold over rule, it should be the next in rank in the liga hierarchy who should assume the ex officio membership in the sanggunian in view of the ipso facto resignation of the liga president when he filed his certificate of candidacy.
Thus, in the case of Harrison Gonzales, since he opted to have himself subjected to the peoples' verdict, he is deemed resigned from his appointive, hold-over position as ex officio sanggunian member, upon filing of his certificate of candidacy.
Worse, since the people eventually rejected him, with more reason should he refrain from clinging to a position that is not his to savor.

DILG rules ABC membership in council is elective, not appointive

The Department of Interior and Local Government has issued two opinions adverse to the charge that the ex officio membership of the president of the liga ng mga barangays in the sangguniang panlunsod (city council) is appointive in nature.
The DILG says the position is elective.
I challenged that when the Dumaguete City liga president filed his certificate of candidacy for regular membership of the sangguniang panlunsod for the May 14, 2007 elections, he was deemed ipso facto resigned by virtue of Section 66 of the omnibus election code.
Section 66 of the omnibus election code mandates that those in appointive office or position are ipso facto resigned from their positions upon the filing of their certificates of candidacies.
The objective of the law is to prevent abuse by the appointive officer of his position while he is a candidate for election.
As an example, Secretary Mike Defensor resigned from being presidential chief of staff (an appointive position) when he filed his certificate of candidacy for senator.
The DILG has ruled that the ABC ex officio membership in the city council is an elective, and not an appointive position.
Therefore, the liga ng mga barangay president Harrison Gonzales was not deemed resigned from his ex officio membership, even when he filed his certificate of candidacy for regular membership of the Dumaguete city council.
The following were the reasons advanced by the local government operations officer Leopoldo Y. Gravador for their conclusion that the ex officio membership of the liga president in the sangunian is elective in nature:
1. Section 469-490 of the local government code enumerates the appointive officials for cities. Since the ex officio memebrship of the liga president is not among those enumerated, then such office or position is not appointive and therefore elective.
2. Section 41 (b) provides along with the manner of election of the regular members of the sanggunian the ex officio memership of the liga president in the sanggunian. (The provision states: The presidents of the liga ng mga barangay elected by their respective chapters shall serve as ex officio members of the sanggunian).
Aside from this Mr. Gravador claims that the liga president continues to sit in the sanggunian until the next barangay elections on a holdover capacity pursuant to R.A. 9340 Section 5.
Meanwhile, the regional director of the Department of Interior and Local Government Pedro A. Noval Jr. explained that a punong barangay who filed his certificate of candidacy is not considered resigned.
He said that under R.A. 9006 any elective official whether national or local, running for any office shall not be considered resigned.
This was contained in a 2nd Indorsement dated May 22, 2007.
He also explained that under the constitution and by laws of the liga ng mga barangay, the term of all officers and members of the liga at all levels shall be concurrent with their term and tenure of office of the sangguniang barangay.
Conseuqently, the regional director said, a punong barangay who is at the same time an officer of the liga ng mga barangay shall continue to be an officer thereeven if he has filed a certificagte of candidacy in view of the fact that he is not considered resigned as a punong barangay.
My comments on these opinions on my next blog....

Gonzales liable for usurpation?

The president of the liga ng mga barangay in Dumaguete City can be held liable for criminal, civil and administrative charges for continuing to function as member of the city council, despite a vacancy in such office or position owing to his ipso facto resignation when he filed his certificate of candidacy.
Harrison Gonzales, punong barangay of Tinago Dumaguete City and president of the city's liga ng mga barangay became the ex officio member of the city council having been appointed as such pursuant to the local government code.
But the office or position of ex officio city councilor was vacated by Gonzales when he filed his certificate of candidacy for city councilor for the May 14, 2007 elections
Gonzales’ appointment as ex officio member of the city council being the president of the liga ng mga barangay, is pursuant to law, i.e. Section 494 of the local government code (R.A. 7160).
The local government code states that “the duly elected presidents of the liga…shall serve as ex-officio members of the sanguniang panlunsod. They shall serve as such only during their term of office as presidents of the liga chapters which in no case shall be beyond the term of office of the sanggunian concerned.”
Thus, while being punong barangay and being president of the liga is an elective position, the ex officio membership in the city council is an appointive position, Gonzales not being elected as a regular member of the city council.
According to Section 457 © of the local government code, the regular members of the city council are those who are elected by the people as such.
Gonzales was never elected as a member of the city council. His (ex officio) membership in the city council is appointive in nature, pursuant to law, Section 494 of the local government code.
Section 66 of the omnibus election code mandates that, “any person holding a public appointive office or position…shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
When Harrison Gonzales filed his certificate of candidacy for city councilor in March 2007, he was considered ipso facto resigned from the office as ex officio member of the city council, and the position became vacant at that time.
There is a valid, logical and laudable reason for the ipso facto resignation: to prevent such officer from taking advantage of the position to advance his political interests.
Section 45 (d) of the local government code provides that in case of vacancy in the representation of the barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned.
Yet, even after having filed his certificate of candidacy, Gonzales illegally continued to hold office and function as an ex officio member of the city council, records and minutes of the council show.
Such illegal acts can constitute usurpation, a criminal offense under the revised penal code.
Article 177 of the penal code punishes any person who shall perform any act pertaining to any person in authority or public officer of the government or any agency thereof, without being lawfully entitled to do so.
If convicted, the accused can face over four years imprisonment.


Gonzales continued to function as city councilor.
What was he doing?

The Omnibus election code considers people in appointive office ipso facto resigned upon the filing of their certificates of candidacy.
The laudable objection is to prevent the abuse of the position during the campaign period.
Even after the barangay ex officio membership in the city council became vacant by the ipso facto resignation of Harrison Gonzales when he filed his certificate of candidacy, he still continued to function as city councilor.
In the April 2007 sessions of the city council, Harrison Gonzales, the candidate, wasted no time in using his illegally occupied position, by sponsoring politically charged and motivated actions in the council.
For instance, records of the city council would show that during the April 12, 2007 session of the city council Gonzales, a candidate for councilor, initiated moves for the disbursement of taxpayers’ money for all sorts of purposes and for the proliferation of gambling activities.
The following were pushed by Gonzales during the April 12, 2007 session of the city council:
Authorizing the issuance of a special permit, subject to the mayor’s approval to hold a 5-cock 3-day derby on April 19, 20, 21, 2007 at the Dumaguete cockpit. Proceeds of the activity were to be used to support the activities of the women with disabilities of Dumaguete (together with Catan). As to how disabled women can be related to cockfighting, is unknown.
Another measure pushed by Gonzales was authorizing the city treasurer to disburse P145,000 to be used for the partial expenses of the so-called Kabulakan Festival funds to be taken from the tourism council trust fund (with Kag. Catan).
Another Gonzales-pushed measure was appropriating P1,282,000 for the concreting of unamed barangay road to Bajumpandan Habitat 4, with funds to be taken from the unappropriated surplus code 501 (with Kag Esmena and Catan).
These and other disbursement of peoples’ funds were made at the height of the election campaign where Gonzales was a candidate.
The question now is how could Harrison Gonzales illegally continue to function as city councilor, pushing for disbursement of peoples’ money, while at the same time courting the constituency for their votes?
Does this not strike at the very heart of the noble objectives of Section 66 of the omnibus election code?
How could he illegally use public office as a means ostensibly to advance his political interests, considering that these authorities to disburse came during the election campaign period?

Rejected by the people

After the May 14 2007 elections, Gonzales bid for regular membership in the city council was resoundingly rejected by the people of Dumaguete.
There arises now an monumental anomaly where a directly rejected candidate, still continues to function as ex officio city councilor by virtue of his being president of the liga ng mga barangay.
After having been severely beaten in the elections (he placed 19th out of 20 candidates) , Harrison Gonzales continues to claim membership in the council, attending its session, even as his appointment as ex officio member has been terminated by his ipso facto resignation in March.
Gonzales bases his title as city council member through ex officio membership.
But the people don’t want him in the city council in the first place.
For Harrison Gonzales to continue functioning as ex officio city councilor even if he is deemed resigned from such appointment, and worse even after having been rejected by the sovereign electorate, is the height of absurdity.
This is a case of Gonzales having his cake and eating it too.

Dumaguete mayorship: A Three cornered fight?

The battle for the mayorship of Dumaguete could likely be a three cornered fight.
Contrary to speculations, the incumbent Mayor Agustin Perdices may be contested by formidable opponents in the May elections.
Provincial board member and lawyer Arturo Umbac is reportedly set to gun for the mayorship of the city.
Board member Umbac, garnered the highest number of votes in Dumaguete City among candidates for board members in the last elections.
Reports say Umbac will be backed by Rep. Emilio C. Macias II, who is set to make a comeback for the Capitol's top post.
The probable third candidate for mayor is former mayor Felipe Ipe Remollo.
Remollo is also said to be eyeing the mayorship and will regain city hall from the incumbent mayor who has already been mayor of Dumaguet for seventeen years.
Remollo was mayor of Dumaguete in 1998. He lost to Perdices in 2001.
Should a three cornered fight emerge for the mayorship, it will be a hotly contested election since all three candidates have their own respective political strengths.
Mayor Perdices is expected to be hounded with various issues on peace and order, the extrajuidicial vigilante killings which have remained unsolved, the problem of illegal drugs.
Board member Umbac, while having a sterling public service record as provincial board member and as a former general manager of the electric cooperative, will have to answer questions about his age.
The 45-year old Remollo meanwhile, lost the mayorship on the issues pertianing the controversial purchase of heavy equipment.
Perdices, who challenged Remollo in 2001 claimed that heavy equipment purchased from China were made to appear as brand new when allegedly they were not brand new.
A complaint was filed before the offic eofthe ombudsman against Remollo.
Remollo has been cleared by the ombudsman.
A three cornered fight would be seen as a welcome development by the Duamguete electorate since it would accord more choices for the voters.

Negros Oriental governor is most outstanding

Congratulations to Negros Oriental Governor George Arnaiz for having been awarded as this year's most outstanding governor by the pretigious annual Local Government Leadership Awards (LGLA).
The local government leadarship awards, is a pet project of Senator Aquilino Q. Pimentel Jr., himself a former local official as mayor of Cagayan de Oro City in the 1980's.
The LGLA aims to recognize the innovative undertakings of local government officials which make an impact in improving the welfare of their respective constituencies.
Governor Arnaiz, who is now in his third and last term has been finally recognized for his efforts in improving the lives of Oriental Negrenses.
Below is the press statement from the office of Senator Pimentel:

MOST OUTSTANDING GOVERNOR, CITY AND MUNICIPAL MAYORS CHOSEN

The winners of the 2006 Local Government LeadershipAwards (LGLA) were honored today at the awardingceremonies held at the Senate building in Pasay City.
The principal winners are Negros Oriental Governor George P. Arnaiz, most outstanding provincialgovernor; Surigao City Mayor Alfonso Casurra, mostoutstanding city mayor; and Mayor Jupiter C. Dominguezof Sabangan, Mountain Province, most outstandingmunicipal mayor.
Senate President Manuel Villar, Jr. and Sen. AquilinoQ. Pimentel, Jr. the moving force behind the LGLA,conferred the awards on the winners during simplerites held at the Sen. Ambrosio Padilla Room.
Gov. Arnaiz was chosen most outstanding governor forspearheading the Negros Island Sustainable Agricultureand Rural Development Program, a joint undertaking ofNegros Oriental and Negros Occidental. He madepossible the construction of facilities needed for theeconomic and social advancement of the province likethe Drug Treatment and Rehabilitation Center, thethree-storey provincial hospital administrationbuilding, the Perdices Memorial Coliseum Complex andthe 1,000-seater provincial convention center.
Mayor Casurra emerged as most outstanding city mayorin recognition of his efforts in making Surigao Citythe most competitive city in the country under theSmall Cities Category in terms of cost of doingbusiness. The peaceful co-existence among thedifferent peoples and the close collaboration with thepolice and community has catapulted Surigao City into the one of the Rotary International’s 50 Peace Citiesin the world since 2003.
Mayor Jupiter Dominguez won as most outstandingmunicipal mayor because of his inspiring leadership byinstilling the people of Sabangan town with the spiritof hard work, dedication and commitment to excelamidst trials while preserving the unique indigenousculture and practices.
Also awarded were Outstanding Local Chief Executivesin various categories:
Outstanding governors: Gov. Erico Aumentado of Boholand Gov. Vicente Bermejo of Capiz.Outstanding City Mayors: Mayor Santiago Barcelona ofEscalante City and Mayor Florencio Bernabe ofParañaque City.Outstanding Municipal Mayors: Ronald Allan Cesante,Dalaguete Cebu; Maximo Estela, Sto. Tomas, Davao delNorte; Jeorge (E.R.) Ejercito Estregan, Pagsanjan,Laguna; Luis Ferrer, General Trias, Cavite; AlfonsoGamboa, Enrique Magalona, Negros Occidental.