JOE MENDOZA
Aurora News Desk
AURORA, ZAMBOSUR—Two multi-million projects undertaken by the local government is in danger of becoming uncompleted, this after the town council purportedly refused to enact the needed appropriation ordinance for its funding.
Mayor Enrique Cabahug Jr. disclosed to MINDANAO MONITOR last week that the Sangguniang Bayan, rebuffed his request to pass an appropriation ordinance, a requirement needed for the completion of the said Infrastructure for Rural Productivity Enhancement Sector (Infres) Project.
The projects involved, according to the mayor, are the farm-to-market roads for the 28.93 kilometers and nine schemes of Potable Barangay Water System costing a total P103 million.
Cabahug blames politics as the cause of the bitterness between himself and members of the town council, where most are from the opposition bloc.
Cabahug is one of the two mayors allied with Lakas-CMD who retained his seat in the last elections.
With the majority of the SB members not on his side and politics trying to rear its ugly head again for the 2010 polls, Cabahug doubts whether the mentioned projects will ever see completion.
All the other requirements for the projects were already in place, including a memorandum of agreement between the DA/Infres for its to realization under the financing mix grant of 62.3 percent, with an equity of 30 oercent for the LGU and 7.7 percent from the beneficiary barangays.
The Provincial Legal Office (PLO), acting on the request of the SB members through a resolution inquiring whether the said Infres projects are subject to the provision of RA. 9184, has opined that the enactment of any resolution ratifying the loan agreement be deferred.
The PLO likewise recommended to SB members that they pass a resolution requesting the agriculture department to review its Implementation Management Agreement (IMA) in the absence of the Approved Budget for the Contract (ABC) from the Infres subprojects.
The PLO has noted the difference of P4,340,324 from the P48,787,046.16 in the summary of source of funds, asking if there are addiditional funds to be certified by the Municipal Development Fund Office (MDFO).
Early November, this year, Department of Finance, through MDFO acting chief planning division Mirasol Garcia countered PLO’s opinion and clarified the difference of P4,340,324 as a separate funding intended for supervision cost and contingencies.
Secretary Jesus Emmanuel Paras, DA undersecretary for Operation and Infres Project Director, for his part, has wrote a letter to the town council reiterating his memorandum dated July 27 2007 from the DA Legal Service finding IMA to be legally in order as secured by the Infres Project prior to the Secretary’s signing.
Cabahug showed to this paper a legal opinion written by Assistant Provincial Prosecutor Dimapuno Magangcong relative to the actuations of the town council members, saying “refusal of SB Members to enact the necessary legislation is unfounded and illegal in spite all the requirements for the Infres Project had been duly complied.”
“The failure of the SB Members to enact the required ordinance is clear indication of the betrayal of trust reposed to them by the people of Aurora especially the residence of affected barangays who will benefit from the project,” Magangcong notes.
Novermber 17, the SB members again passed a resolution requesting another legal opinion from the PLO on whether they can be legally or validly rescind the several resolutions enacted in support of the Infres projects, and whether the rescission of resolutions can be validly or legally made by SB members.
Also contained in the resolution is a query whether or not the rescission of the resolution will render them administratively, civilly or criminally liable to the winning bidders; and whether or not there is further or subsequent need for the council to initiate on appropriate legal action in court for the rescission of the perfected contract entered into by Cabahug with the contractors.