OPINION: Is the Capitol Triumvirate that powerful?

Jan 27-feb 2, 2011


By Cha Monforte

As we go to the press reports are abuzz in the rounds that Kapalong Vice Mayor Romy “Mimi” Estrada is being summmoned by the Davao del Norte provincial fiscal Ruben Pasamonte after a complaint was reportedly filed for his alleged involvement in the last December’s killing of Porferio Boy Royo, brother of Maniki barangay kapitana Maritess Timbol, wife of Kapalong Mayor Edgardo Timbol. Sources said that VM Estrada vehemently denied being involved of the crime. This is a big news in the offing in Davao del Norte and Compostela Valley. We’ll wait though for details pending Estrada’s response to the reported summon.

It seems that the matter of the security services contracts between the Davao del Norte provincial government and the Christian Investigation Security Agency (CISA) has become a hot potato now. What with the prospect of the Capitol’s Commission of Audit (COA) declaring the contract as null and void because it did not pass the prior approval of the provincial board as expressed and implied in the Supreme Court ruling on Boardmembers Quisumbing et al versus Governor Garcia of Cebu Province. Can the SP act retroactively, I mean pass an authority antedated? Of course, not. There was that 2010 SP resolution giving blanket authority to Governor Rodolfo del Rosario, but it covers only in so far as forging with agreements with any national government agency is concerned. But then it needs to be renewed now. The crux of matter why there is a need for prior SP authorization of any contract involving a new transaction or new budgetary item even if it is already included in approved annual budget like in this case the Capitol’s P6.3-million security services is that there is a need to counterbalance the powers of the executive department. It seems that, in this case, the Capitol Triumvirate of provincial administrator Rufo Peligro, BAC chairman and PGS officer Samson Sanchez and provincial legal officer Atty. Jennifer Namoc have arrogated themselves with more powers by banking on the new law on public procurement – that they, apppointed officials, now seem to be more powerful than the elected officials of the legislative department, the vice governor if not than the governor (when it was said that the signature making of the governor is just ininisterial when it comes to the procurement of regular goods and services of the Capitol).  But these quotes are extra relevant in our case, excerpts from that Supreme Court ruling relating as to whether their is a need secure prior SP authorization of not, thus:

“To construe Sections 306 and 346 of R.A. No. 7160 as exceptions to Sec. 22(c) would render the requirement of prior sanggunian authorization superfluous, useless and irrelevant. There would be no instance when such prior authorization would be required, as in contracts involving the disbursement of appropriated funds. Yet, this is obviously not the effect Congress had in mind when it required, as a condition to the local chief executive’s representation of the local government unit in business transactions, the prior authorization of the sanggunian concerned. The requirement was deliberately added as a measure of check and balance, to temper the authority of the local chief executive, and in recognition of the fact that the corporate powers of the local government unit are wielded as much by its chief executive as by its council. (underscoring mine)”

Daneco’s rejected GM aspirant Allan Laniba needs to run now. I mean, not after for the CISA’s gist that whoever it was who said that CISA’s guns are defective and malfunctioning should run for a test firing with him as the target. The gist is not necessarily for Laniba. It’s just a gist to stress. Laniba can still run but he can’t hide from the truth that his “Radyo Caritas”- for all the candle-lighting of him and his “National Press Club daw” cabal (kay nasulod si gov sa bulsa niya) at the Bulwagan during the press freedom month celebration in 2009 where ex-Sec. Jess Dureza was present- failed to submit their station’s provisional authority (PA) to the city’s business bureau last January 25, 2011, the deadline in the renewal of business permits. Regional Trial Court Judge Virginia Ang has long ruled that Laniba et al of the “Radyo Caritas” in Tagum City have to submit the required PA when it would have to renew their business permit. No renewed business permit, no business. But now they are still biding time, blatantly disregarding Judge Ang’s order while hoping that the illegal radio station would not be clamped down as it would just pay for the surcharges for not renewing on or before the deadline of business permit renewal. The illegal radio station “Radyo Caritas”, with frequency 100.7, could have been closed a long time ago had Laniba et al not hoodwinked the city officials into believing their claim that it was National Telecommunications Commission (NTC) which switched on the station’s transmitter a day after the city’s business bureau and city legal officer Atty. Roland Tumanda closed the station early last year for lack of PA which had its business permit revoked. It was a verbal claim uncontested and they first had the illegal radio station playing only music without discjockeys, commentators and advertisements, and later in the dead of the night, when city officials were so busy of the city affairs, they went into full-blast commercial broadcasting in flagrant violation to existing radio laws of the land! i donno if Laniba et al can rebut on these punto por punto, issue to issue, without resorting to character assassinations of this messenger. Laniba had been been ululating and perorating against me on the air via their illegal “Radyo Caritas”.

BLOGS AND BITS: Erratum- in my column two issues ago I gave the age of 21 to Jay Tyron Uy, the youngest of Governor Arturo “Chiongkee” Uy. Tyron is 25 years old now and he would be 28 by 2013. My apology. Tyron, the youngest of the 4 siblings of Gov. Uy and Madam Eunice,  is a med tech graduate, and accordingly he’s more politician than his cousin Tagum City Councilor De Carlo “Oyo” Uy. Tyron is expected to be drafted in the admin’s slate as a boardmember aspirant given the expected vacancy when at least two reelectionist boardmembers would run for mayor in their respective towns of origin and with the ending of the term of forgetting Nabunturan Boardmember Ruben Flores, who is not forgetting to run though for councilor by 2013 in his hometown Nabunturan, pundits said.

Erratum again- I forgot to give the first name of the new members of the Daneco board of directors in my previous column- it should be Roberto Binasbas of Kapalong and Talaingod district of Daneco, and Ramon Zafra of Laak district. (e-mail: chamonforte@yahoo.com)


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