ILOILO City – President Rodrigo Duterte has acted on the plunder and technical malversation complaint filed by a Guimaras resident.
If Rodrigo Gabales of the municipality of San Lorenzo, Guimaras 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.
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.
In his recent third State of the Nation Address, President Duterte said, “Time and again, I have stressed that corruption must stop. Corruption is like a leech that it bleeds the government of funds programmed for its infrastructure and other social development projects. It saps the morale of dedicated and honest government workers.”
According to Gabales, the released funds were already earmarked for various funding requirements (health, environment and other social programs for the poor) of the local government units concerned.
He also pushed for an investigation on Guimaras-based J.E. Tico Construction Corporation and J.E. Tico Construction Corporation.
Gabales’ complaint could result, too, to the investigation of even Commission on Elections (Comelec) officials.
The poll body issued an en banc resolution on May 2, 2016 exempting from the prohibition the release of P264 million just days before the May 16, 2016 polls, claimed Gabales.
Those who signed the en banc resolution, according to Gabales, were Comelec commissioners Luie Tito Guia, Al Parreño, Arthur Lim, Ma. Rowena Guanzon, and Sheriff M. Abas.
Neither Nava, Gumarin nor the mayors of Guimaras could be reached for comment as of this writing.
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
