by David Dizon, abs-cbnNEWS.com
Posted at 05/05/2011
MANILA, Philippines - Commission on Audit (COA) chairman Ma. Gracia Pulido Tan on Thursday outlined her plans for the agency including sweeping reforms on how the COA conducts its audits.
Among the reforms being lined up by Tan are a review of the capacities and specialization requirements of resident auditors and the secondments of auditors to posts outside the country.
Tan said one of the major complaints against some COA auditors is the residency of auditors to choice government agencies, which allegedly leads to abuse.
She noted that some auditors such as former Intelligence Service of the Armed Forces of the Philippines (ISAFP) resident auditor Divina Cabrera are accused of staying at just one post for 10 years.
Cabrera has been accused of pocketing 2% of all intelligence contracts.
"We are going to review policy on residency of auditors kasi di ba ang dami mga complaints. Si auditor na ganito, 10 years na...Offhand, that's not good. Staying in an agency for so long is not good," Tan said.
The COA chief said Cabrera is under investigation after a complaint was filed about her extended stay in ISAFP.
"If there is sufficient lead to go on, for administrative investigation, then we can do that. My understanding is may complaint na naka-file. They can work until they are suspended. We do have a process. I don't want to forget that," she said.
Tan said she will not recommend a lifestyle check of auditors just yet since she believes that 95% of COA employees are dedicated to their work.
She said she asked COA's Human Resources Department to do an inventory of the agency's 8,500-plus employees including resident auditors.
She said she had received reports that at least one resident auditor has a secondment to New York City even though there is no ongoing audit in there.
"I want to know why they are there. If I cannot rationalize, they would have to come back," she said.
Auditing intel funds
Tan said COA would also like a review on the rules of audit for military intelligence funds especially since 80% of the expenses are only supported by a certification from the responsible officer. The theft of military intel funds was recently investigated in congressional investigations this year.
"Wala details. I understand the very nature of the intel funds has national security issues. Gusto ko ma-review yun kung ano pwede namin gawin sa audit that will be a little more substantive. Kasi kung ganun, parang clearing house lang kami...Ano limits ng confidentiality? Anu pwede i-detalye ng kaunti? Di naman pwede 80% puro confidential," she said.
She said the COA will also ensure that proper audit techniques will be conducted on projects of the Department of Public Works and Highways, considered one of the prime sources of corruption in government.
"Kung magbibilang ng pako, magbibilang ng pako. There are audit techniques maski sa private auditors hindi lahat tintignan, may sampling. The selection of a sample is also scientific so it will be representative. Pag may makita ka sa sample mo umabot ng 90% clean , clean na yan," she said.
'Heidi a big help'
Tan revealed she did not aspire for the top COA post but was prevailed upon to accept it by one of the Cabinet members.http://www.blogger.com/img/blank.gif
She said the appointment of Senate whistle-blower Heidi Mendoza as COA commissioner has been a big help to the agency.
"When I was told Heidi will be a commissioner, I said 'Wow, great.' This is someone I can work with. Being a total outsider having had no practice before the COA and not knowing anyone there, I thought she will be a great help. Plus the fact that sabi ko 'Magkautak kami. She's anti-graft. She's for integrity. We speak the same language.' We've been OK, I can really count on her," she said.
source
Wednesday, July 27, 2011
COA elected as external auditor of WHO
The Philippine Commission on Audit (COA) was elected as the new external auditor of the World Health Organization from 2012 to 2015.
Citing a report from the Philippine Embassy in Geneva, the Department of Foreign Affairs (DFA) said the election was held a the 64th World Health Assembly on May 19.
Health Secretary Enrique Ona and Permanent Representative to the United Nations (UN) and Other International Organizations in Geneva Evan Garcia led the Philippine delegation, the DFA said in a news release on its website.
New COA Chairwoman Maria Gracia Pulido-Tan and COA Commissioner Heidi Mendoza were also part of the Philippine delegation, the DFA said.
Pulido-Tan delivered the winning presentation of the Philippines' bid for the prestigious position, the DFA added.
The WHO is the UN's public health arm. It is the directing and coordinating authority for health within the UN system.
It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.
source
Citing a report from the Philippine Embassy in Geneva, the Department of Foreign Affairs (DFA) said the election was held a the 64th World Health Assembly on May 19.
Health Secretary Enrique Ona and Permanent Representative to the United Nations (UN) and Other International Organizations in Geneva Evan Garcia led the Philippine delegation, the DFA said in a news release on its website.
New COA Chairwoman Maria Gracia Pulido-Tan and COA Commissioner Heidi Mendoza were also part of the Philippine delegation, the DFA said.
Pulido-Tan delivered the winning presentation of the Philippines' bid for the prestigious position, the DFA added.
The WHO is the UN's public health arm. It is the directing and coordinating authority for health within the UN system.
It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.
source
Sunday, July 24, 2011
COA: Don’t waive fines for vehicles towed away
Cebu Daily News
8:41 am | Monday, July 18th, 2011
MANDAUE City officials were advised by the Commission on Audit (COA) to refrain from accomodating requests to waive the penalties, sanctions and charges imposed by towing company Jadewell Parking System Corp. on motorists.
State auditors told the city government to “strictly enforce the city ordinance on the use and operation of parking spaces.”
At the same time, the company should present its terms of reference based on the memorandum of agreement signed on Oct. 15, 2003 by former mayor Thadeo Ouano and Jadewell president Rogelio Tan, to ensure the delivery of income to the local government.
Under the agreement, the local is entitled to a 10-percent share of Jadewell’s total collections to be remitted to the City Treasurer’s Office.
“The verification conducted by the audit team revealed that there were many requests to release impounded/towed vehicles of several VIP’s (very important person’s) of Mandaue City thereby waiving all the penalties, sanctions and charges,” the COA report said.
“There were also requests where there were no notations but the penalties were still waived.”
Based on documents submitted by the company which do not include the months of May, June and July 2010, requests granted by Jadewell incurred for the city a loss of P40,953.
“The actual collections could not be validated since the official receipts got wet and the ones submitted, representing a month’s transaction, could not be separated,” the auditors added.
Towing and impounding of vehicles is governed by City Odinance 09-2003-220.
COA also recommended that Jadewell inventory all towed or impounded vehicles especially those impounded beyond six months that need to be sold in a public auction.
http://www.blogger.com/img/blank.gif
Local government was not delivered with vehicles impounded for more than six months.
The auditors discovered that there were plenty impounded vehicles in the impounding area.
Most of these were kept beyond six months and not sold.
The vehicles were not placed in a covered area which made these susceptible tothe elements.
source
8:41 am | Monday, July 18th, 2011
MANDAUE City officials were advised by the Commission on Audit (COA) to refrain from accomodating requests to waive the penalties, sanctions and charges imposed by towing company Jadewell Parking System Corp. on motorists.
State auditors told the city government to “strictly enforce the city ordinance on the use and operation of parking spaces.”
At the same time, the company should present its terms of reference based on the memorandum of agreement signed on Oct. 15, 2003 by former mayor Thadeo Ouano and Jadewell president Rogelio Tan, to ensure the delivery of income to the local government.
Under the agreement, the local is entitled to a 10-percent share of Jadewell’s total collections to be remitted to the City Treasurer’s Office.
“The verification conducted by the audit team revealed that there were many requests to release impounded/towed vehicles of several VIP’s (very important person’s) of Mandaue City thereby waiving all the penalties, sanctions and charges,” the COA report said.
“There were also requests where there were no notations but the penalties were still waived.”
Based on documents submitted by the company which do not include the months of May, June and July 2010, requests granted by Jadewell incurred for the city a loss of P40,953.
“The actual collections could not be validated since the official receipts got wet and the ones submitted, representing a month’s transaction, could not be separated,” the auditors added.
Towing and impounding of vehicles is governed by City Odinance 09-2003-220.
COA also recommended that Jadewell inventory all towed or impounded vehicles especially those impounded beyond six months that need to be sold in a public auction.
http://www.blogger.com/img/blank.gif
Local government was not delivered with vehicles impounded for more than six months.
The auditors discovered that there were plenty impounded vehicles in the impounding area.
Most of these were kept beyond six months and not sold.
The vehicles were not placed in a covered area which made these susceptible tothe elements.
source
SC allows audit of Boy Scout funds
By Edu Punay (The Philippine Star) Updated June 29, 2011
MANILA, Philippines - The Supreme Court (SC) has issued a ruling allowing the Commission on Audit (COA) to conduct an audit on the funds of the Boy Scouts of the Philippines (BSP).
The SC justices, voting 11-4 last June 7, ruled that the BSP is a public corporation and therefore subject to government audit.
“After looking at the legislative history of its amended charter and carefully studying the applicable laws and the arguments of both parties, we found that the BSP is a public corporation and its funds are subject to the COA’s audit jurisdiction,” the court said in a ruling penned by Associate Justice Teresita Leonardo-de Castro.
Ten other justices, including Chief Justice Renato Corona, concurred with this ruling.
The Court said Article XII Section 16 of the Constitution should not be construed as prohibiting Congress from creating public corporations.
“In fact, Congress has enacted numerous laws creating public corporations or government agencies or instrumentalities vested with corporate powers. Moreover, Sec.16, Art. XII, which relates to National Economy and Patrimony, could not have tied the hands of Congress in creating public corporations to serve any of the constitutional policies or objectives,” the ruling said.
The majority ruling held that a review of the record of the 1986 Constitutional Commission showed the intent of the framers of the highest law of our land “to distinguish between government corporations performing governmental functions and corporations involved in business or proprietary functions.”
The dissenting opinion of Justice Antonio Carpio insisted that “the Constitution recognizes only two classes of corporations: private corporations under a general law, and government-owned or controlled corporations created by special charters.”
It contended that the court, in its majority ruling, “introduces a totally different species of corporation, which is neither a private corporation nor a government-owned or controlled corporation and in so doing, is missing the fact that the BSP, which was created as a non-stock, non-profit corporation, can only be either a private corporation or a government-owned or controlled corporation.”
The case stemmed from a resolution issued by the COA on Aug. 19, 1999, with the subject “Defining the Commission’s policy with respect to the audit of the BSP.”
http://www.blogger.com/img/blank.gif
The commission stated that the BSP was created as a public corporation under Commonwealth Act No. 7278.
It cited that in “BSP vs. National Labor Relations Commission,” the SC ruled that the BSP, as constituted under its charter, was a “government-controlled corporation within the meaning of Article IX (B)(2)(1) of the Constitution.”
The COA said “the BSP is appropriately regarded as a government instrumentality under the 1987 Administrative Code.”
It likewise mentioned its mandate under Article IX(D) Section 2(1) of the Constitution.
source
MANILA, Philippines - The Supreme Court (SC) has issued a ruling allowing the Commission on Audit (COA) to conduct an audit on the funds of the Boy Scouts of the Philippines (BSP).
The SC justices, voting 11-4 last June 7, ruled that the BSP is a public corporation and therefore subject to government audit.
“After looking at the legislative history of its amended charter and carefully studying the applicable laws and the arguments of both parties, we found that the BSP is a public corporation and its funds are subject to the COA’s audit jurisdiction,” the court said in a ruling penned by Associate Justice Teresita Leonardo-de Castro.
Ten other justices, including Chief Justice Renato Corona, concurred with this ruling.
The Court said Article XII Section 16 of the Constitution should not be construed as prohibiting Congress from creating public corporations.
“In fact, Congress has enacted numerous laws creating public corporations or government agencies or instrumentalities vested with corporate powers. Moreover, Sec.16, Art. XII, which relates to National Economy and Patrimony, could not have tied the hands of Congress in creating public corporations to serve any of the constitutional policies or objectives,” the ruling said.
The majority ruling held that a review of the record of the 1986 Constitutional Commission showed the intent of the framers of the highest law of our land “to distinguish between government corporations performing governmental functions and corporations involved in business or proprietary functions.”
The dissenting opinion of Justice Antonio Carpio insisted that “the Constitution recognizes only two classes of corporations: private corporations under a general law, and government-owned or controlled corporations created by special charters.”
It contended that the court, in its majority ruling, “introduces a totally different species of corporation, which is neither a private corporation nor a government-owned or controlled corporation and in so doing, is missing the fact that the BSP, which was created as a non-stock, non-profit corporation, can only be either a private corporation or a government-owned or controlled corporation.”
The case stemmed from a resolution issued by the COA on Aug. 19, 1999, with the subject “Defining the Commission’s policy with respect to the audit of the BSP.”
http://www.blogger.com/img/blank.gif
The commission stated that the BSP was created as a public corporation under Commonwealth Act No. 7278.
It cited that in “BSP vs. National Labor Relations Commission,” the SC ruled that the BSP, as constituted under its charter, was a “government-controlled corporation within the meaning of Article IX (B)(2)(1) of the Constitution.”
The COA said “the BSP is appropriately regarded as a government instrumentality under the 1987 Administrative Code.”
It likewise mentioned its mandate under Article IX(D) Section 2(1) of the Constitution.
source
Ombudsman: ‘Superbody’ to investigate gov't contracts
abs-cbnNEWS.com
Posted at 07/19/2011 1:22 PM
MANILA, Philippines - Acting Ombudsman Orlando Casimiro has created a “superbody” that will examine and investigate government contracts and transactions.
In a memorandum circular, he has already requested the institutional participation of the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The team, called Special Multi-Agency Reform Team, will “examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.”
It is anchored on the Ombudsman’s mandate to take measures against graft and corruption.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.”
The law also provides that the Ombudsman has the power to request government agencies for assistance.
source
Posted at 07/19/2011 1:22 PM
MANILA, Philippines - Acting Ombudsman Orlando Casimiro has created a “superbody” that will examine and investigate government contracts and transactions.
In a memorandum circular, he has already requested the institutional participation of the Commission on Audit (COA), the Department of Justice (DOJ), National Bureau of Investigation (NBI), Anti-Money Laundering Council (AMLC) and the Bureau of Internal Revenue (BIR).
The team, called Special Multi-Agency Reform Team, will “examine and investigate contracts and transactions entered into by government agencies through their respective officials and employees with the end view of expediting the prosecution of all perpetrators of corrupt activities, should the evidence so warrant.”
It is anchored on the Ombudsman’s mandate to take measures against graft and corruption.
Sec. 15 (4) of RA 6770 (Ombudsman Act of 1989) mandates the Office of the Ombudsman to “direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules and procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.”
The law also provides that the Ombudsman has the power to request government agencies for assistance.
source
COA questions PPA's white elephant ports
By Rainier Allan Ronda (The Philippine Star) Updated July 12, 2011
MANILA, Philippines - The Commission on Audit (COA) yesterday questioned the Philippine Ports Authority’s (PPA) “white elephant” traditional port construction and expensive maintenance projects in the past years.
However, the PPA continues the expensive projects, invoking the government’s need to invest in government infrastructure to promote trade and economic activity.
In a 2009 COA report, auditors had already called the attention of PPA officials over the port construction projects valued at P520.76 million which the agency found to be “financially non viable and unable to spur economic growth in the area” where they were built.
Among these financially non-viable ports were the Orion Terminal port in Bataan, the Dingalan Terminal Port in Nueva Ecija, the Canalate seaport in Malolos, Bulacan, the Santa Cruz seaport in Paombong, Bulacan, and the Masantol River Wharf in Pampanga.
“We evaluated the viability of the newly constructed ports on the basis of the revenues generated for the year and we observed that the earnings were very minimal. The summary of revenues by piers and tariff items for the year 2009 showed that the Orion and Dingalan Terminal ports generated revenues of only P689,286 and P72,251, respectively,” the COA report said.
In the 2008 audit of PPA, COA had already raised concerns on the thrust of the agency to build new ports, especially in places where they cannot reasonably be expected to be viable.
“Ports developed at a cost of P1.06 billion are unutilized or underutilized and the continuous operation and maintenance of which is disadvantageous to the PPA,” the COA said in one of their value-for-money audits in 2008.
Of the 18 ports built by the PPA during that time, the COA noted that most, if not all, ended up being idle or “counterproductive” assets, which need regular costly maintenance.
The controversial Pulupandan port in Negros Occidental emerged as the most expensive project worth P416 million.
“It appears that management has not gained success in reviving port activities at the Pulupandan port which was renovated and completed on Sept. 29, 2006 at a cost of P416,160,737,” COA noted.
COA warned the PPA officials that the maintenance of the unviable ports affects the financial position of the port agency.
“The objective of spurring economic development in the localities appears not in the near future and continuous operation and maintenance of the assets may adversely affect the operation and programs for implementation of the PPA,” COA said in 2008.
source
MANILA, Philippines - The Commission on Audit (COA) yesterday questioned the Philippine Ports Authority’s (PPA) “white elephant” traditional port construction and expensive maintenance projects in the past years.
However, the PPA continues the expensive projects, invoking the government’s need to invest in government infrastructure to promote trade and economic activity.
In a 2009 COA report, auditors had already called the attention of PPA officials over the port construction projects valued at P520.76 million which the agency found to be “financially non viable and unable to spur economic growth in the area” where they were built.
Among these financially non-viable ports were the Orion Terminal port in Bataan, the Dingalan Terminal Port in Nueva Ecija, the Canalate seaport in Malolos, Bulacan, the Santa Cruz seaport in Paombong, Bulacan, and the Masantol River Wharf in Pampanga.
“We evaluated the viability of the newly constructed ports on the basis of the revenues generated for the year and we observed that the earnings were very minimal. The summary of revenues by piers and tariff items for the year 2009 showed that the Orion and Dingalan Terminal ports generated revenues of only P689,286 and P72,251, respectively,” the COA report said.
In the 2008 audit of PPA, COA had already raised concerns on the thrust of the agency to build new ports, especially in places where they cannot reasonably be expected to be viable.
“Ports developed at a cost of P1.06 billion are unutilized or underutilized and the continuous operation and maintenance of which is disadvantageous to the PPA,” the COA said in one of their value-for-money audits in 2008.
Of the 18 ports built by the PPA during that time, the COA noted that most, if not all, ended up being idle or “counterproductive” assets, which need regular costly maintenance.
The controversial Pulupandan port in Negros Occidental emerged as the most expensive project worth P416 million.
“It appears that management has not gained success in reviving port activities at the Pulupandan port which was renovated and completed on Sept. 29, 2006 at a cost of P416,160,737,” COA noted.
COA warned the PPA officials that the maintenance of the unviable ports affects the financial position of the port agency.
“The objective of spurring economic development in the localities appears not in the near future and continuous operation and maintenance of the assets may adversely affect the operation and programs for implementation of the PPA,” COA said in 2008.
source
COA: P172M charity fund diverted
By Cathy C. Yamsuan
Philippine Daily Inquirer
1:59 am | Friday, July 15th, 2011
The Philippine Charity Sweepstakes Office (PCSO) may have diverted more than P172 million from its other accounts to intelligence funds, an act that Senate President Juan Ponce Enrile said was a violation of the agency’s charter.
COA Commissioner Heidi Mendoza said there were indications that charity funds in particular were used to augment disbursements for intelligence funds as authorized by then President Gloria Macapagal-Arroyo.
Under the PCSO charter, earnings of the agency are divided as follows—55 percent are given out as prize money to lucky bettors; 30 percent are allotted for charity expenses; and 15 percent are earmarked for operations. Intelligence funds can only be drawn from operational funds.
In 2009, Rosario Uriarte, then PCSO vice chairperson and general manager, authorized the disbursement of P90 million in four installments, data from the blue ribbon committee showed.
Figures presented by the Commission on Audit (COA) at the hearing of the Senate blue ribbon committee on Thursday showed that in 2009, the PCSO suffered “net losses” of P43,632,942 in operating expenses and P128,665,765 in charity funds.
‘Comingling’
Mendoza told senators that the net losses were not immediately reflected in the PCSO’s 2009 statement of income and expenditures because the account reports for prize money, charity and operations were “comingled” in the report.
Mendoza noted, however, that while the PCSO chair was given a P5-million regular intelligence budget, the general manager could get as much as P60 million in special additional expenses from the corporate operating budget.
She said the COA had been repeatedly requesting the PCSO since 2007 to refrain from the comingling practice.
Because of “comingling,” Mendoza said the PCSO’s net losses were not immediately detected when reported along with the P255,503,197 earnings recorded in the prize fund.
Neither Mendoza nor the members of the former PCSO board discussed the actual figures of the three accounts for 2009.
“If you’re talking of the special (expenses), they’re coming from the charity fund and a certain percentage of the (public relations) fund. That is what we can draw from the information (provided by the PCSO),” Mendoza told senators.
Former PCSO Chairman Sergio Valencia maintained that intelligence funds and even those used for public relations campaigns only came from operational expenses.
Drawing from earlier data presented to the blue ribbon committee, Senate President Juan Ponce Enrile asked Valencia why the board had allowed excessive disbursements of intelligence funds despite the limits set by its charter.
Arroyo authorization
The Senate already learned at previous hearings that Uriarte disbursed a total of P325 million in intelligence funds from April 2008 to February 2010. This includes the P160 million in two installments—nearly half of the entire amount—that was spent during the months leading to the 2010 elections.
Uriarte earlier said that as special disbursing officer, she was able to go directly to Arroyo to ask for authorization to acquire additional intelligence funds.
“The President may issue an order (to release intelligence funds) but you as members of the board of a government corporation have a trust obligation to operate within your charter. You cannot pass the blame on somebody else. You assume that responsibility,” Enrile said. “The President does not assume that trust responsibility.”
“Do you obey ministerially or do you exercise judgment based on the mandate of Congress … which is contained in your charter?” Enrile asked.
Valencia replied, “We are very careful about the disbursements.”
At this point, Mendoza pointed out that the agency’s 2009 statement of expenditures showed that the previous PCSO comingled the funds.
“Meaning the income of the PCSO was not broken into separate accounts? Should there not be separate accounts?” Enrile asked.
“Yes,” Mendoza replied. “After the separation of accounts, it showed a net loss of P43 million. Operations take a hit because huge sums spent for confidential (expenses that) were charged to operations,” she said.
Lumped together
Mendoza said the losses would not be detected if all the accounts were lumped together.
“The income statement’s net total sums up the results, so this would not be detected. But this finding is included in the COA report (on PCSO funds). Since 2007, we have been reiterating our request for the PCSO to separate the accounts,” Mendoza said.
Ignorance not excuse
Senator Teofisto Guingona III, the blue ribbon committee chairman, confronted Valencia with this detail. “I’m not aware of that,” Valencia said. “Perhaps the officers in budget and accounting…”
“Mr. Valencia, you (were) the chairman,” Enrile snapped. “You cannot say you don’t know the charter of the corporation! Ignorance is not an excuse for you, my God! That’s the first thing any member of a board does, to study the articles of incorporation!”
Valencia said he was aware of the charter and of the separation of the three accounts. “All reports brought to the management seemed to be in order,” he said.
“You cannot scrutinize your financial records? You only rely on the report of your executives. You’re supposed to be the custodian,” Enrile shot back.
Obstruction in audit
Mendoza said one obstruction in audit efforts was a circular issued in 2003 that required only a certification to justify a disbursement from intelligence or confidential funds.
“The problem with this circular is that the responsibility for the installation of control was shifted by the auditor to the management (of agencies in charge of liquidation). So it is now management that has the responsibility to ensure that expenses are in accordance with rules and regulations,” Mendoza said.
Supporting docs not required
Mendoza said the circular “relaxed” the liquidation process because supporting documents and receipts were no longer required.
“We believe there is a need to revisit the law and make changes, but there is a need to consult with a lot of agencies (before this can be done),” she added.
Mendoza maintained, however, that the COA understood that limited disclosures were necessary for projects that involved national security.
Earlier on Thursday, Uriarte again found herself in hot water after Sen. Franklin Drilon presented data showing that at least three liquidation certificates for 2009 showed that P70 million in intelligence funds were used to monitor “bomb threats, kidnapping, destabilization and terrorism.”
Intel funds for terrorism
Another P37 million, released in two installments later that year, was used for bilateral and security relations.
“You have more than P116 million liquidated for bomb threats, kidnapping, destabilization and terrorism yet you also submitted (excuses for the same period) about using intelligence funds to monitor unauthorized use of ambulances and fraudulent schemes or to stop illegal gambling,” Drilon noted.
Uriarte said the PCSO’s data center and some lotto operators had received bomb threats. “That’s what I remember,” she replied.
“But after spending more than P100 million, did you at least file any case?” Drilon asked.
“Yes, it is reflected in (National Bureau of Investigation) records. We have made apprehensions,” Uriarte said.
Uriarte also explained that intelligence funds used for “bilateral and security relations” were in fact given as blood money to families of victims of crimes committed by overseas Filipino workers.
news source
Philippine Daily Inquirer
1:59 am | Friday, July 15th, 2011
The Philippine Charity Sweepstakes Office (PCSO) may have diverted more than P172 million from its other accounts to intelligence funds, an act that Senate President Juan Ponce Enrile said was a violation of the agency’s charter.
COA Commissioner Heidi Mendoza said there were indications that charity funds in particular were used to augment disbursements for intelligence funds as authorized by then President Gloria Macapagal-Arroyo.
Under the PCSO charter, earnings of the agency are divided as follows—55 percent are given out as prize money to lucky bettors; 30 percent are allotted for charity expenses; and 15 percent are earmarked for operations. Intelligence funds can only be drawn from operational funds.
In 2009, Rosario Uriarte, then PCSO vice chairperson and general manager, authorized the disbursement of P90 million in four installments, data from the blue ribbon committee showed.
Figures presented by the Commission on Audit (COA) at the hearing of the Senate blue ribbon committee on Thursday showed that in 2009, the PCSO suffered “net losses” of P43,632,942 in operating expenses and P128,665,765 in charity funds.
‘Comingling’
Mendoza told senators that the net losses were not immediately reflected in the PCSO’s 2009 statement of income and expenditures because the account reports for prize money, charity and operations were “comingled” in the report.
Mendoza noted, however, that while the PCSO chair was given a P5-million regular intelligence budget, the general manager could get as much as P60 million in special additional expenses from the corporate operating budget.
She said the COA had been repeatedly requesting the PCSO since 2007 to refrain from the comingling practice.
Because of “comingling,” Mendoza said the PCSO’s net losses were not immediately detected when reported along with the P255,503,197 earnings recorded in the prize fund.
Neither Mendoza nor the members of the former PCSO board discussed the actual figures of the three accounts for 2009.
“If you’re talking of the special (expenses), they’re coming from the charity fund and a certain percentage of the (public relations) fund. That is what we can draw from the information (provided by the PCSO),” Mendoza told senators.
Former PCSO Chairman Sergio Valencia maintained that intelligence funds and even those used for public relations campaigns only came from operational expenses.
Drawing from earlier data presented to the blue ribbon committee, Senate President Juan Ponce Enrile asked Valencia why the board had allowed excessive disbursements of intelligence funds despite the limits set by its charter.
Arroyo authorization
The Senate already learned at previous hearings that Uriarte disbursed a total of P325 million in intelligence funds from April 2008 to February 2010. This includes the P160 million in two installments—nearly half of the entire amount—that was spent during the months leading to the 2010 elections.
Uriarte earlier said that as special disbursing officer, she was able to go directly to Arroyo to ask for authorization to acquire additional intelligence funds.
“The President may issue an order (to release intelligence funds) but you as members of the board of a government corporation have a trust obligation to operate within your charter. You cannot pass the blame on somebody else. You assume that responsibility,” Enrile said. “The President does not assume that trust responsibility.”
“Do you obey ministerially or do you exercise judgment based on the mandate of Congress … which is contained in your charter?” Enrile asked.
Valencia replied, “We are very careful about the disbursements.”
At this point, Mendoza pointed out that the agency’s 2009 statement of expenditures showed that the previous PCSO comingled the funds.
“Meaning the income of the PCSO was not broken into separate accounts? Should there not be separate accounts?” Enrile asked.
“Yes,” Mendoza replied. “After the separation of accounts, it showed a net loss of P43 million. Operations take a hit because huge sums spent for confidential (expenses that) were charged to operations,” she said.
Lumped together
Mendoza said the losses would not be detected if all the accounts were lumped together.
“The income statement’s net total sums up the results, so this would not be detected. But this finding is included in the COA report (on PCSO funds). Since 2007, we have been reiterating our request for the PCSO to separate the accounts,” Mendoza said.
Ignorance not excuse
Senator Teofisto Guingona III, the blue ribbon committee chairman, confronted Valencia with this detail. “I’m not aware of that,” Valencia said. “Perhaps the officers in budget and accounting…”
“Mr. Valencia, you (were) the chairman,” Enrile snapped. “You cannot say you don’t know the charter of the corporation! Ignorance is not an excuse for you, my God! That’s the first thing any member of a board does, to study the articles of incorporation!”
Valencia said he was aware of the charter and of the separation of the three accounts. “All reports brought to the management seemed to be in order,” he said.
“You cannot scrutinize your financial records? You only rely on the report of your executives. You’re supposed to be the custodian,” Enrile shot back.
Obstruction in audit
Mendoza said one obstruction in audit efforts was a circular issued in 2003 that required only a certification to justify a disbursement from intelligence or confidential funds.
“The problem with this circular is that the responsibility for the installation of control was shifted by the auditor to the management (of agencies in charge of liquidation). So it is now management that has the responsibility to ensure that expenses are in accordance with rules and regulations,” Mendoza said.
Supporting docs not required
Mendoza said the circular “relaxed” the liquidation process because supporting documents and receipts were no longer required.
“We believe there is a need to revisit the law and make changes, but there is a need to consult with a lot of agencies (before this can be done),” she added.
Mendoza maintained, however, that the COA understood that limited disclosures were necessary for projects that involved national security.
Earlier on Thursday, Uriarte again found herself in hot water after Sen. Franklin Drilon presented data showing that at least three liquidation certificates for 2009 showed that P70 million in intelligence funds were used to monitor “bomb threats, kidnapping, destabilization and terrorism.”
Intel funds for terrorism
Another P37 million, released in two installments later that year, was used for bilateral and security relations.
“You have more than P116 million liquidated for bomb threats, kidnapping, destabilization and terrorism yet you also submitted (excuses for the same period) about using intelligence funds to monitor unauthorized use of ambulances and fraudulent schemes or to stop illegal gambling,” Drilon noted.
Uriarte said the PCSO’s data center and some lotto operators had received bomb threats. “That’s what I remember,” she replied.
“But after spending more than P100 million, did you at least file any case?” Drilon asked.
“Yes, it is reflected in (National Bureau of Investigation) records. We have made apprehensions,” Uriarte said.
Uriarte also explained that intelligence funds used for “bilateral and security relations” were in fact given as blood money to families of victims of crimes committed by overseas Filipino workers.
news source
COA asked to check PNP's receipt of PCSO funds
KIMBERLY JANE TAN, GMA News
Senate blue ribbon committee chairman Sen. Teofisto Guingona III on Monday asked the Commission on Audit (COA) to determine whether the Philippine National Police (PNP) actually received and utilized the money given to it by the Philippine Charity Sweepstakes Office (PCSO).
"Nagamit (ba) talaga ng pulis sa tamang paggamit (Did the police receive the money and use it properly)," Guingona said during the continuation of the Senate blue ribbon panel hearing on the alleged anomalies besetting the PCSO.
Rojas said the charity fund has been allocating 5 percent of its funds for the PNP: 0.5 percent to the national PNP, 0.5 percent to the regional PNP, 1 percent to the provincial PNP, and 3 percent to the city and municipal PNP.
"They are supposed to get it on a monthly basis," he said.
He said the funds for the national PNP is coursed through the PCSO but the funds for the local PNP are coursed directly through the small town lottery (STL) operators.
But when Guingona asked whether they confirmed that the local PNP actually received the money, Rojas said they were furnished acknowledgement receipts but that he still couldn't categorically say that they were sure the police received it.
Lawyer Fidela Tan of the Commission on Audit, who was also present during the hearing, likewise said that she did not know the PNP received the money.
Guingona then asked the COA to look into the matter.
The Senate hearing was ongoing as of posting time.
news source
Senate blue ribbon committee chairman Sen. Teofisto Guingona III on Monday asked the Commission on Audit (COA) to determine whether the Philippine National Police (PNP) actually received and utilized the money given to it by the Philippine Charity Sweepstakes Office (PCSO).
"Nagamit (ba) talaga ng pulis sa tamang paggamit (Did the police receive the money and use it properly)," Guingona said during the continuation of the Senate blue ribbon panel hearing on the alleged anomalies besetting the PCSO.
Rojas said the charity fund has been allocating 5 percent of its funds for the PNP: 0.5 percent to the national PNP, 0.5 percent to the regional PNP, 1 percent to the provincial PNP, and 3 percent to the city and municipal PNP.
"They are supposed to get it on a monthly basis," he said.
He said the funds for the national PNP is coursed through the PCSO but the funds for the local PNP are coursed directly through the small town lottery (STL) operators.
But when Guingona asked whether they confirmed that the local PNP actually received the money, Rojas said they were furnished acknowledgement receipts but that he still couldn't categorically say that they were sure the police received it.
Lawyer Fidela Tan of the Commission on Audit, who was also present during the hearing, likewise said that she did not know the PNP received the money.
Guingona then asked the COA to look into the matter.
The Senate hearing was ongoing as of posting time.
news source
COA shares view on STL
By BEN ROSARIO and EDD USMAN
July 24, 2011, 7:02pm
MANILA, Philippines -- The Commission on Audit (CoA) has aired the possibility that small town lottery (STL) operators may have hoodwinked the Philippine Charity Sweepstakes Office (PCSO) and congressmen in the sharing of STL profits in the past four years.
This was gathered after congressmen denied receiving 2.5 percent of gross receipts of STL operators in their respective districts despite the inclusion of their names in the list of recipients.
Among those who vehemently denied having received money from STL were Deputy Speakers Lorenzo Tañada (LP, Quezon) and Arnulfo Fuentebella (NPC, Camarines Sur); Minority Leader Edcel Lagman (Lakas-Kampi, Albay); Reps. Elpidio Barzaga (NUP, Cavite); and Rodolfo Albano (Lakas-Kampi, Isabela).
On the other hand, Reps. Edgar San Luis (NPC, Laguna) and Danilo Suarez (Lakas-Kampi, Quezon), together with former Nueva Ecija Rep. Edno Joson, said the amounts they received were well accounted for and spent for charity programs in their respective congressional districts.
San Luis showed reporters copies of receipts and liquidation documents that he submitted to the STL operator to justify the expenses.
“Every centavo has been accounted for. Each peso went to what it is intended for – to charity,” said San Luis.
San Luis welcomed the conduct of a House investigation into the controversy.
A CoA report has indicated that under the STL rules and regulations, the 2.5 percent contribution for charity programs in various congressional districts will be directly remitted to the office of concerned congressmen.
Amid the fallout of the revelation of STL operators were directly giving congressmen their districts' shares from the STL revenue sans liquidation, the Philippine Charity Sweepstakes Office is considering re-visiting the implementing rules and regulations (IRR) of the PCSO Loterya ng Bayan (PLB), STL's replacement.
The source said the launching of PLB this year after July may have to be deferred anew to a later date because of "intervening events," apparently referring to the fund mess at the PCSO during the past administration, which the Senate Blue Ribbon Committee has been investigating.
State auditors said effective audit examination could not be rendered until the PCSO revokes Board Resolution No. 248 that directs direct remittance to congressional district of STL funds.
This audit recommendation backed suggestions aired by some solons that STL operators had actually withheld payments to congressmen and that the lack of audit examination failed to prevent the practice.
news source
July 24, 2011, 7:02pm
MANILA, Philippines -- The Commission on Audit (CoA) has aired the possibility that small town lottery (STL) operators may have hoodwinked the Philippine Charity Sweepstakes Office (PCSO) and congressmen in the sharing of STL profits in the past four years.
This was gathered after congressmen denied receiving 2.5 percent of gross receipts of STL operators in their respective districts despite the inclusion of their names in the list of recipients.
Among those who vehemently denied having received money from STL were Deputy Speakers Lorenzo Tañada (LP, Quezon) and Arnulfo Fuentebella (NPC, Camarines Sur); Minority Leader Edcel Lagman (Lakas-Kampi, Albay); Reps. Elpidio Barzaga (NUP, Cavite); and Rodolfo Albano (Lakas-Kampi, Isabela).
On the other hand, Reps. Edgar San Luis (NPC, Laguna) and Danilo Suarez (Lakas-Kampi, Quezon), together with former Nueva Ecija Rep. Edno Joson, said the amounts they received were well accounted for and spent for charity programs in their respective congressional districts.
San Luis showed reporters copies of receipts and liquidation documents that he submitted to the STL operator to justify the expenses.
“Every centavo has been accounted for. Each peso went to what it is intended for – to charity,” said San Luis.
San Luis welcomed the conduct of a House investigation into the controversy.
A CoA report has indicated that under the STL rules and regulations, the 2.5 percent contribution for charity programs in various congressional districts will be directly remitted to the office of concerned congressmen.
Amid the fallout of the revelation of STL operators were directly giving congressmen their districts' shares from the STL revenue sans liquidation, the Philippine Charity Sweepstakes Office is considering re-visiting the implementing rules and regulations (IRR) of the PCSO Loterya ng Bayan (PLB), STL's replacement.
The source said the launching of PLB this year after July may have to be deferred anew to a later date because of "intervening events," apparently referring to the fund mess at the PCSO during the past administration, which the Senate Blue Ribbon Committee has been investigating.
State auditors said effective audit examination could not be rendered until the PCSO revokes Board Resolution No. 248 that directs direct remittance to congressional district of STL funds.
This audit recommendation backed suggestions aired by some solons that STL operators had actually withheld payments to congressmen and that the lack of audit examination failed to prevent the practice.
news source
Friday, July 22, 2011
Court stops sale of Bacolod land to Ayala
By: Carla P. Gomez, Irene R. Sino Cruz
CEBU CITY, Philippines—The Court of Appeals on Wednesday issued a 60-day temporary restraining order (TRO) enjoining the Negros Occidental provincial government from proceeding with the sale and lease of a 7.7-hectare prime property in Bacolod City.
The TRO stemmed from a petition for certiorari filed by SM Prime Holdings Inc., which has insisted that it won the July 7 public bidding for the property. SMPHI posted a P50-million bond.
In a three-page resolution, the CA 20th Division said the request for a TRO was granted to “preserve the rights of the parties during the pendency of the instant petition, as well as to prevent the judgement that may be promulgated in this case from being rendered ineffectual.”
Among the petition’s respondents were the province of Negros Occidental, Gov. Alfredo G. Marañon Jr., and the committee on awards and disposal of real properties of the province and its members—Patrick Lacson, Mary Ann Manyon-Lamis, Nelda Geroso, Lucille I. Pinongan and Ernie F. Mapa.
Included were the provincial board members as well as Judge Estefanio S. Libutan Jr. of Bacolod Regional Trial Court Branch 50.
Superior bid
The CA directed Libutan to refrain from implementing his order denying SMPHI’s petition for a TRO to block the sale of the property to Ayala Land Inc.
SMPHI has insisted that it “clearly” submitted a bid superior to Ayala’s and was surprised when the bidding was declared a failure.
Judge Libutan, however, did not issue a TRO but instead asked the respondents to comment on SMPHI’s petition. The company decided to elevate its petition to the CA.
SMPHI had proposed to purchase a portion of the province-owned property for P18,885 per square meter and lease the remaining portion for P65 per sqm, well within the price set by the awards committee.
Ayala, on the other hand, submitted a bid of P17,000 per sqm for the purchase and P50 per sqm for the lease.
The provincial government declared the bidding a failure after both parties’ bids came in below the floor price set by the Commission on Audit.
Marañon said both parties were invited to a negotiated bidding on July 15 but SMPHI did not show up, leading to the award of the property to Ayala. He also said the province stood to make more from the Ayala deal.
Earlier, SMPHI lawyer Vince Bayhon said the award of the prime property to Ayala was “invalid.”
Bayhon also questioned the provincial government’s decision to declare a failure of bidding.
No floor price
He noted that the provincial government did not disclose the floor price or appraisal value of the property during the public bidding and even after the sealed bids of both parties were opened and read aloud.
The award of the property to Ayala, however, is supported by four business groups and the Bacolod city council.
“With the decision to develop the property into a mixed-used integrated project that includes residential, commercial, office, hotel and convention center developments, we believe jobs will be created and visitors will be enticed to visit the province,” they said.
The signatories were Roberto Montelibano, regional governor of the Philippine Chamber of Commerce and Industry in Western Visayas; Frank Carbon, president of the Metro Bacolod Chamber of Commerce and Industry; John Yap, president of the Southern Negros Filipino-Chinese Chamber of Commerce and Industry; and Lucio Chua, president of the Northern Negros Filipino Chinese Chamber of Commerce and Industry.
source
CEBU CITY, Philippines—The Court of Appeals on Wednesday issued a 60-day temporary restraining order (TRO) enjoining the Negros Occidental provincial government from proceeding with the sale and lease of a 7.7-hectare prime property in Bacolod City.
The TRO stemmed from a petition for certiorari filed by SM Prime Holdings Inc., which has insisted that it won the July 7 public bidding for the property. SMPHI posted a P50-million bond.
In a three-page resolution, the CA 20th Division said the request for a TRO was granted to “preserve the rights of the parties during the pendency of the instant petition, as well as to prevent the judgement that may be promulgated in this case from being rendered ineffectual.”
Among the petition’s respondents were the province of Negros Occidental, Gov. Alfredo G. Marañon Jr., and the committee on awards and disposal of real properties of the province and its members—Patrick Lacson, Mary Ann Manyon-Lamis, Nelda Geroso, Lucille I. Pinongan and Ernie F. Mapa.
Included were the provincial board members as well as Judge Estefanio S. Libutan Jr. of Bacolod Regional Trial Court Branch 50.
Superior bid
The CA directed Libutan to refrain from implementing his order denying SMPHI’s petition for a TRO to block the sale of the property to Ayala Land Inc.
SMPHI has insisted that it “clearly” submitted a bid superior to Ayala’s and was surprised when the bidding was declared a failure.
Judge Libutan, however, did not issue a TRO but instead asked the respondents to comment on SMPHI’s petition. The company decided to elevate its petition to the CA.
SMPHI had proposed to purchase a portion of the province-owned property for P18,885 per square meter and lease the remaining portion for P65 per sqm, well within the price set by the awards committee.
Ayala, on the other hand, submitted a bid of P17,000 per sqm for the purchase and P50 per sqm for the lease.
The provincial government declared the bidding a failure after both parties’ bids came in below the floor price set by the Commission on Audit.
Marañon said both parties were invited to a negotiated bidding on July 15 but SMPHI did not show up, leading to the award of the property to Ayala. He also said the province stood to make more from the Ayala deal.
Earlier, SMPHI lawyer Vince Bayhon said the award of the prime property to Ayala was “invalid.”
Bayhon also questioned the provincial government’s decision to declare a failure of bidding.
No floor price
He noted that the provincial government did not disclose the floor price or appraisal value of the property during the public bidding and even after the sealed bids of both parties were opened and read aloud.
The award of the property to Ayala, however, is supported by four business groups and the Bacolod city council.
“With the decision to develop the property into a mixed-used integrated project that includes residential, commercial, office, hotel and convention center developments, we believe jobs will be created and visitors will be enticed to visit the province,” they said.
The signatories were Roberto Montelibano, regional governor of the Philippine Chamber of Commerce and Industry in Western Visayas; Frank Carbon, president of the Metro Bacolod Chamber of Commerce and Industry; John Yap, president of the Southern Negros Filipino-Chinese Chamber of Commerce and Industry; and Lucio Chua, president of the Northern Negros Filipino Chinese Chamber of Commerce and Industry.
source
CA grants SM petition for TRO on Ayala deal
BY CARLA GOMEZ
The Court of Appeals 20th Division in Cebu City has issued a 60-day temporary restraining order enjoining the Negros Occidental provincial government from proceeding with the sale and lease of its 7.7-hectare prime property in Bacolod City, after SM Prime Holdings Inc. put up a P50 million bond.
The TRO was issued by the CA Wednesday in response to a petition filed by SMPHI that insists it won the July 7 public bidding for the property the provincial government awarded to AyalaLand.
In a three-page petition, the CA said the request for TRO was granted to “preserve the rights of the parties during the pendency of the instant petition as well as to prevent the judgment that may be promulgated in this case from being rendered ineffectual.”
The CA resolution also directs respondents Gov. Alfredo Marañon Jr., members of the Negros Occidental Committee on Awards and Disposal of Real Properties and the Sangguniang Panlalawigan, and Bacolod RTC Judge Estefanio Libutan to file their comments within 10 days to show cause why a writ of preliminary injunction sought by SMPHI should not be granted.
SMPHI will then file its reply within five days from receipt of the comments, the CA resolution added.
The CA order was penned by Associate Justice Victoria Isabel Paredes, and concurred by Associate Justices Edgardo de Los Santos and Ramon Paul Hernando.
Marañon and provincial government lawyer Mary Ann Manayon-Lamis, however, said the Capitol officials had not received an official copy of the TRO yesterday.
The Negros Occidental Sangguniang Panlalawigan Wednesday unanimously approved the deed of conditional sale and lease contract for AyalaLand’s takeover of the 7.7-hectare property.
Ernie Villa of the Commission on Audit who appeared at the SP regular session with other members of the Committee on Awards and Disposal of Real Properties, said the committee members acted in accordance with the COA procedures.
AyalaLand said it is investing at least P6 billion for the development of the 7.7 hectares of government property.
SMPHI said it entered a higher bid than Ayala in the July 7 bidding and should be declared the rightful winner.
The governor, on the other hand, said the July 7 bidding was declared a failure because both parties entered bids below the floor price of the land as approved by the COA.
Both parties were invited to a negotiated bidding on July 15 but SMPHI did not join leading to the awarding of the property to Ayala, the governor said.
SMPHI charged the governor with being biased in favor of Ayala.
The hearing of the main case filed by SMPHI against the governor, and members of the province's committee on awards and SP before the Bacolod Regional Trial Branch 50 for certiorari is also proceeding.
Libutan yesterday ordered the SP members who were included in SMPHI’s amended petition to submit their comments in 10 days after which SMPHI will be given five days to reply, provincial lawyer Maryann Manayon said yesterday.
The judge will then assess if there is basis to proceed with the hearing, or to just ask the parties to submit their memoranda so a decision can be made, she added.
Libutan earlier denied two TROs sought by SMPHI prompting it to go to the CA.
source
The Court of Appeals 20th Division in Cebu City has issued a 60-day temporary restraining order enjoining the Negros Occidental provincial government from proceeding with the sale and lease of its 7.7-hectare prime property in Bacolod City, after SM Prime Holdings Inc. put up a P50 million bond.
The TRO was issued by the CA Wednesday in response to a petition filed by SMPHI that insists it won the July 7 public bidding for the property the provincial government awarded to AyalaLand.
In a three-page petition, the CA said the request for TRO was granted to “preserve the rights of the parties during the pendency of the instant petition as well as to prevent the judgment that may be promulgated in this case from being rendered ineffectual.”
The CA resolution also directs respondents Gov. Alfredo Marañon Jr., members of the Negros Occidental Committee on Awards and Disposal of Real Properties and the Sangguniang Panlalawigan, and Bacolod RTC Judge Estefanio Libutan to file their comments within 10 days to show cause why a writ of preliminary injunction sought by SMPHI should not be granted.
SMPHI will then file its reply within five days from receipt of the comments, the CA resolution added.
The CA order was penned by Associate Justice Victoria Isabel Paredes, and concurred by Associate Justices Edgardo de Los Santos and Ramon Paul Hernando.
Marañon and provincial government lawyer Mary Ann Manayon-Lamis, however, said the Capitol officials had not received an official copy of the TRO yesterday.
The Negros Occidental Sangguniang Panlalawigan Wednesday unanimously approved the deed of conditional sale and lease contract for AyalaLand’s takeover of the 7.7-hectare property.
Ernie Villa of the Commission on Audit who appeared at the SP regular session with other members of the Committee on Awards and Disposal of Real Properties, said the committee members acted in accordance with the COA procedures.
AyalaLand said it is investing at least P6 billion for the development of the 7.7 hectares of government property.
SMPHI said it entered a higher bid than Ayala in the July 7 bidding and should be declared the rightful winner.
The governor, on the other hand, said the July 7 bidding was declared a failure because both parties entered bids below the floor price of the land as approved by the COA.
Both parties were invited to a negotiated bidding on July 15 but SMPHI did not join leading to the awarding of the property to Ayala, the governor said.
SMPHI charged the governor with being biased in favor of Ayala.
The hearing of the main case filed by SMPHI against the governor, and members of the province's committee on awards and SP before the Bacolod Regional Trial Branch 50 for certiorari is also proceeding.
Libutan yesterday ordered the SP members who were included in SMPHI’s amended petition to submit their comments in 10 days after which SMPHI will be given five days to reply, provincial lawyer Maryann Manayon said yesterday.
The judge will then assess if there is basis to proceed with the hearing, or to just ask the parties to submit their memoranda so a decision can be made, she added.
Libutan earlier denied two TROs sought by SMPHI prompting it to go to the CA.
source
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