NEWS: Mayor, 8 others face Ombudsman suit over P90 M bond flotation project in Compostela Valley

aug 24

The entire town officialdom except for three opposing councilors in Nabunturan, Compostela Valley were charged of graft case at the Office of Ombudsman for Mindanao by a journalist and community leader for pursuing the P90-million bond flotation intended to fund the construction of a new public market building.

Charlie “Cha” Monforte, correspondent of Philippine News Agency, Business Mirror and local dailies, and Emilio delos Reyes, a president of a local parents-teachers association, charged in their joint complaint affidavit filed Thursday at the Ombudsman that Nabunturan Mayor Macario Humol, Vice Mayor Romeo Clarin and his seven councilors favoring the project have allegedly committed gross violations to Anti-Graft and Corrupt Practices Act for failing to conduct public bidding in getting the services of the Preferred Ventures Corporation as the financial advisor/consultant of the bond flotation.

Respondent councilors of the case were Darwin Tan, Iluminada Cabuga, Eduardo Menoza, Vivencia Secuya, Cheryl Asion, indigenous peoples’ representative Felipe Masambo and Sangguniang Kabataan representative Jennifer Gamao.

Monforte and Delos Reyes have earlier prayed a petition for preliminary injunction and restraining order at the Regional Trial Court-Branch 3 in Nabunturan in trying to stop the implementation of Municipal Ordinance No. 2008-10 approving the P90-million bond flotation scheme.

RTC Branch 3 Judge Hilarion Clapis Jr has yet to rule on their petition.

For opposing the local bond float since early last year, Councilors Raul Caballero, Alfonso Tabas and Editha Arangcon were spared from the complaint.

The complainants stated that under the project Preferred Ventures Corp. is guaranteed a consultancy fee of P2.37 million and its project engagement “is not limited to advisory and review services but also includes pre-investment, feasibility, design, construction supervision, management and related services and other technical services and special studies”.

They claimed that even without the “legislative enactment, ordinance or resolution to hire a financial consultant and advisor for the municipality’s infrastructure project, Mayor Humol proceeded to enter into Memorandum of Agreement with Preferred Ventures” and “(it) became an automatic financial consultant/advisor without passing through the bidding procedure as required by law”.

They charged that the MOA signed on February 14, 2008 “is illegal and void ad initio” and that despite this, Humol proceeded also to conduct a pre-bid conference last May 15 for the construction of the public market building.

They also claimed that the bond flotation option is “grossly disadvantageous to the government” as even found out in the comparative study made earlier by the town’s Local Finance Committee (LFC) which recommended for a direct bank borrowing than the local bond float as in the latter “there are undetermined expenses that will result in problems in the budgeting and accounting process later”.

The LFC also stated in its study that under a loan from government financial institution “the cost of borrowing will be properly stated and easily provided in the budget” aside from the fact that “easier terms can be negotiated with the depository bank”.

Moreover, the complainants stated that as found out by the LFC “the LGU of Nabunturan will already spend (P39.6 million) on interest payment alone” under the bond float scheme “compared to only a projected total interest payments for GFI borrowing at (P30.9 million) for the same period of time”.

The complainants also charged that based on the approved final feasibility study made by Preferred Ventures Corp the monthly stall rental for a 10-square meter space could shoot up to P10,500 rate, and at that  “unconscionable rate” lowly market vendors whose stalls were burned over three years ago could no longer afford and face the spectre of being displaced from their long source of livelihood.

With that rate and to make the project feasible, self-liquidating as well as income-generating instead “in sum, the proposed public market building supposedly funded through the much-ballyhooed ‘bond flotation’ would be anti-poor and anti-people,” the complainants stated in their complaint affidavit to the Ombudsman. (RUN)

Filed under: Alfonso Tabas, bond flotation, Charlie "Cha" Monforte, Cheryl Asion, councilor raul caballero, Darwin Tan, editha arangcon, Eduardo Menoza, Emilio delos Reyes, Felipe Masambo, Iluminada Cabuga, Jennifer Gamao, nabunturan mayor macario humol, Preferred Ventures Corporation, RTC Branch 3 Judge Hilarion Clapis Jr, Vice Mayor Romeo Clarin, Vivencia Secuya, Alfonso Tabas, bond flotation, Charlie "Cha" Monforte, Cheryl Asion, councilor raul caballero, Darwin Tan, editha arangcon, Eduardo Menoza, Emilio delos Reyes, Felipe Masambo, Iluminada Cabuga, Jennifer Gamao, nabunturan mayor macario humol, Preferred Ventures Corporation, RTC Branch 3 Judge Hilarion Clapis Jr, Vice Mayor Romeo Clarin, Vivencia Secuya

OPINION: Forget Sto. Tomas and Nabunturan cityhood

BLOGISTA
By Cha Monforte

nov 20

There was that buzz last week that the cityhoood in Nabunturan is forthcoming. Was it another diversionary stuff for the P90-million bond flotation that the town’s administration pushes to be implemented? (The bond float pushers are now respondents to an injunction case filed by representatives of people initiative petitioners in town. We’ll not touch this for now at the risk of being held in contempt of court). But sadly, for Nabunturan, the cityhood isn’t really coming (so with Sto. Tomas in Davao del Norte) since the Supreme Court the other day struck out the 16 new cities including the near Mati in Davao Oriental, Bayugan, Agusan del Sur, Cabadbaran, Agusan del Norte and Tandag, Surigao del Sur. They’re now back as municipalities!

Forget the costly hoopla and celebrations when these towns became cities via Congress and not via the requirements of the New Local Government Code. What now magistrates, when the “city” officials have been already called as city mayores, city vice mayores and city konsehales? Throw into the garbage cans their calling cards, stationeries, and discard the new  “city” logo and seal, or put white-outs to the word “city” in the birth and marriage certificates of those who were born and who married during the time when Mati, Bayugan, Cabadbaran and Tandag were still called as “cities”?

In declaring the 16 cityhoood laws unconstitutional, the High Couirt pointed out: “The Constitution is clear. The creation of local government units must follow the criteria established in the Local Government Code and not in any other law. There is only one Local Government Code. The Constitution requires Congress to stipulate in the Local Government Code all the criteria necessary for the creation of a city, including the conversion of a municipality into a city. Congress cannot write such criteria in any other law, like the Cityhood Laws.” It’s really a big sorry for our four neighboring towns.

The trouble with their city conversion was that they had their congressmen sponsored their respective cityhood bills when their annual income had not yet hit the P100-million mark. They asked for exemption for it and the Congress granted. That’s via legislative fiat.

Really, forget the congressmen unless they sponsor for the further revision of the New Local Government Code (LGC) and not file bill through the short-cut, backdoor route. You see there’s that ultra-resistence from the cities as the SC’s nullification came from the court case filed by the the league of cities. They, like Tagum City, just don’t want more towns to become cities to eat with them the big IRA allocation for the cities.

But now the real route to cityhood is the New Local Government Code, as amended. Through this, the 3 requirements are needed: 100 square kilometer land area, 150,000 population based on the latest 2007 census and P100 million annual income. Nabunturan has 245.26 sq. kms land area, check. In 2007 census, it has only 67,365 population, fail. By next month, the town’s real income is still less than P100 million as the P40-50 million is still a planned borrowing for the bond float. I said it before, at the very least, the town could only hit the 150,000 population mark in 15 years.

Monkayo is more dejado since it already has the land and income requirements. If Mayor Manuel Brillantes is wise enough, he’ll have to lobby for the correction of the wrong boundary line of Comval’s north and Monkayo gets big chunks of population of Laak, and the Agusan del Sur towns of Santa Josefa and Veruela, and presto, it immediately qualifies to become a city. In 2007 census, Monkayo has 90,971 population.

What’s in a name? Nabunturan town can still function like a city without a city tag if has all the amenities, facilites and services well in place for its residents to live in comfort and convenience. Unfortunately, the town administration of Mayor Macario Humol has apparently been lacking of efforts in delivering good, potable water for the poblacion residents. This, for one gauge alone. (For online edition, visit my blog at: http://cha4t.wordpress.com, for comments and reactions, e-mail: chamonforte@yahoo.com, or ruralurbanews@yahoo.com)

Filed under: bayugan agusan del sur, cabadbaran agusan del norte, comval, davao del norte, mati davao oriental, nabunturan, nabunturan cityhood, nabunturan mayor macario humol, sto tomas davao del norte cityhoo, sto. tomas, tandag surigao del sur. requirements of cityhood, bayugan agusan del sur, cabadbaran agusan del norte, comval, davao del norte, mati davao oriental, nabunturan, nabunturan cityhood, nabunturan mayor macario humol, sto tomas davao del norte cityhoo, sto. tomas, tandag surigao del sur. requirements of cityhood

NEWS: Judge Clapis subpoenas DoF, DBM experts for say on P90 M bond float

On TRO, injunction vs. Nabunturan bond flotation
nov 13

NABUNTURAN- Regional Trial Court Judge Helarion Clapis here has ordered yesterday to send subpoenas to the regional offices of the Department of Finance and the Department of Budget and Management for their experts to testify and give opinions as neutral parties on the P90-million bond flotation project of the municipal administration which town oppositors seek to stop through court action.

Bond float oppositors last Friday filed at RTC-Branch 3 here last Friday a court case praying for injunction with application for writ of preliminary injunction and temporary restraining order (TRO) against respondents Mayor Macario Humol, Vice Mayor Romeo Clarin and Councilors Iluminada Cabuga, Darwin Tan, Edilberto Minoza, Vivencia Secuya, Cheryl Trinidad, ABC president Alfredo Manalop, sectoral representative Felipe Masambo and Sangguniang Kabataan president Jennifer Gamao.

Not included in the case were also oppositionist councilors Raul Caballero and Editha Arangcon.

Complainants of the case and authorized representatives of the people’s initiative petition were Councilor Alfonso Tabas, Jr. Emilio delos Reyes and newsman Cha Monforte.

The case filed was docketed as Civil Case No. 898.

The respondents have answered yesterday their comment and opposition to the case following Monday’s summons of Judge Clapis for them to enter appearance within 15 days from receipt of summons.

Only Minoza and Gamao were not present in yesterday’s hearing.

They were represented by their counsels prosecutor Ferdinand Villanueva and provincial prosecutor Graciano Arafol.

On the other hand, the complainants’ counsels were Atty. Rex Lopoz and Atty. Carlo Ancla.

In yesterday’s first hearing on the injunction with TRO, following hearing of arguments that a took a little over an hour, Judge Clapis said,  citing Rule 58 on the rules of court on injunction and a “limited knowledge of this court” on bond flotation such as about its fees and costs and how it affects the people of Nabunturan, “there is a need to issue subpoenas” to DoF and DBM “to testify and inform this court on the effects of bond flotation, whether or not it would be for the benefit or disadvantage of the people”.

He said that the court has the power to impose an injunction to a government unit if there is a need for “special probationary remedy to correct an error”.
He said there is a need for experts from neutral parties and not those coming from local parties on the bond flotation to enlighten his court whether he would issue an injunction or not.

He ordered his court sheriff Rene Suarez to serve the summons to DoF and DBM today and scheduled the next hearing Thursday next week, Nov. 20. (Rural Urban News) http://ruralurbanews.blogspot.com

Filed under: atty carlo ancla, atty. rex lopoz, comval nabunturan news, comval provincial prosecutor graciano arafol, councilor alfonso jun tabas, emilio delos reyes nabunturan ptca official, jr, nabunturan bond flotation, nabunturan councilor ABC president alfredo manalop, nabunturan councilor cheryl trinidad, nabunturan councilor darwin tan, nabunturan councilor edilberto minoza, nabunturan councilor editha arangcon, nabunturan councilor raul caballero, nabunturan councilor sangguniang kabataan president jen, nabunturan councilor sectoral representative felipe mas, nabunturan councilor vivencia secuya, nabunturan councilors iluminada cabuga, nabunturan mayor macario humol, nabunturan vice mayor romeo clarin, prosecutor ferdinand villanueva, regional trial court nabunturan judge gelarion clapis, rtc nabunturan judge helarion clapis, atty carlo ancla, atty. rex lopoz, comval nabunturan news, comval provincial prosecutor graciano arafol, councilor alfonso jun tabas, emilio delos reyes nabunturan ptca official, jr, nabunturan bond flotation, nabunturan councilor ABC president alfredo manalop, nabunturan councilor cheryl trinidad, nabunturan councilor darwin tan, nabunturan councilor edilberto minoza, nabunturan councilor editha arangcon, nabunturan councilor raul caballero, nabunturan councilor sangguniang kabataan president jen, nabunturan councilor sectoral representative felipe mas, nabunturan councilor vivencia secuya, nabunturan councilors iluminada cabuga, nabunturan mayor macario humol, nabunturan vice mayor romeo clarin, prosecutor ferdinand villanueva, regional trial court nabunturan judge gelarion clapis

NEWS: P90 M bond float in Nabunturan being junked?

Humol does not mention controversial project in town’s festival opening

oct 16

The controversial P90-million bond flotation project pushed by Nabunturan Mayor Macario Humol during his last term appears to be turning either a hot potato, otherwise it appears to be junked as local officials never mentioned a single word of it during yesterday’s opening of the town’s 14th Simballay Festival.

In his keynote speech, instead Humol drumbeat on his administration’s recent accomplishments such as the P13-million integrated agricultural center in 5.6-hectare municipal land at Barangay Saosao where the farmers’ training center building and new slaughterhouse were inaugurated yesterday before noon after the parade and program at the municipal gym in the public market area.

He called on for continued unity of the people and prayed for paying of respect to one another.

He thanked Cong. Rommel “Bobong” Amatong, who was present, for the P1 million financial contribution from his congressional office for the slaughterhouse project.

Guests present during the festival’s opening included Dept. of Agriculture regional director Roger Chio, provincial senior executive assistant Belo Melendres, who represented Gov. Arturo Uy, who was accordingly on barangay sortie at faraway Panganason in Pantukan, and other municipal officials.

Humol however capped his speech with parting words, “what we have started must be completed.”

He finally recognized in public the donation of Councilor Raul Caballero of an ambulance unit to the municipal government, twice thanking the latter in his speech.

Caballero donated an ambulance he got from his South Korean friends for humanitarian purpose last May and for almost five months now the unit is still being held at the town’s motorpool and is prevented from running as the majority in the council including Vice Mayor Romeo Clarin allegedly did not want it to run ”due to politics”.

Clarin and Caballero have been reported to be both aspiring for the mayoral post by 2010.

With the holding on of the ambulance, it was even prevented from running during the July 3 bombing of Park and Go bakeshop which killed three persons and injured 14 others.

It was strange that the donee Caballero, who only wanted to realize one of his campaign promises, was even lengthily questioned by several collegues about the legality of the papers of his ambulance, “that’s why it is still not allowed to run,” said Councilor Alfonso “Jun” Tabas, another opposition councilor.

Yesterday, Caballero drove an ambulance with the same brand and looks to the one left in standby at the motorpool during the parade saying that it was meant for the public to know on the plight of his donated ambulance.

Also in yesterday’s affair, Clarin did not utter about the ambitious municipal bond float, which last Sept. 25 was formally opposed when about 200 petitioners filed a people’s initiative petition to the local sanggunian in their bid of having the controversial ordinance approving the bond float directly repealed by the people pursuant to the pertinent provisions of the New Local Government Code of 1991.

Petitioners led by Caballero charged that the P90-million bond float is exorbitant, extravagant and grossly disadvantageous to the government.

Amatong yesterday announced he would be infusing P15 million for roads in Nabunturan and other infrastructures in Nabunturan. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

Filed under: comgressman rommel amatong, cong. bobong amatong, councilor raul caballero, nabunturan mayor macario humol, comval congressman rommel amatong, councilor alfonso jun tabas, councilor raul caballero, mayor macario humol, nabunturan bond flotation