EDITORIAL

Is MOA
Between DPWH–DEO and Altavas Valid?

Is a Memorandum of Agreement (MOA) entered into and signed by a person whose term of office as mayor of a municipality in behalf of that municipality valid and binding?
A case in point is a "Project" Memorandum of Agreement Between The DPWH and the Local Government of the Municipality of Altavas For the Implementation of President’s Priority Program of Water At Barangay Linayasan, Altavas, Aklan and the Municipal Government of Altavas, Province of Aklan Herein Represented by its Duly Elected Municipal Mayor, Hon. Denny D. Refol and Duly Authorized by the Municipal Council Hereinafter Referred to as the LGU".
Is the past municipal mayor of a town whose term of office has expired who signed the MOA in behalf of that municipality valid and binding to all concerned?
Among others, the MOA covered the implementation by the LGU of the DPWH water supply project…in Brgy. Linayasan, Altavas, Aklan…in the amount of P3 million. The LGU Altavas shall implement the project by administration in accordance with the program of work, plans and specification. The LGU Altavas shall use labor based equipment, starts the project 15 days from approval of the MOA, LGU shall seek prior clearance from DPWH–DEO any change in price, payment, conditions, and completion time; LGU shall submit monthly monitoring reports on the project to DPWH – DEO every 25th day of the month.
Upon completion of the project by the LGU, verified by the designated inspectorate team, the DPWH-DEO shall issue to the LGU the corresponding Certificate of Completion. One year after the project completion, the LGU shall correct all defects of the project at its own expense. The LGU must also place a prominent billboard on the site of the project during construction.
Another provision is project funding which shall come from DPWH budget, LGU must insure the fund is used for activities in the approved program of work.
The MOA also stipulated the schedule of fund releases, auditing of fund, LGU counterpart fund and the relation of LGU employees to the project.
The MOA is signed on July 16, 2007 by Delano Pelayo, District Engineer for DPWH–DEO and Denny D. Refol, Municipal Mayor. Rolando M. Asis, CESO VI, Regional Director, DPWH approved the MOA. Cortesa C. Macahilig, Accountant III, DPWH and Elpidio B. Payba, Jr. Municipal Accountant of Altavas signed as witnesses.
The MOA was notarized by Notary Public Pepito M. Iligan on July 16, 2007 as per Doc. No. 156; Page No. 33; Book No. 130; Series of 2007.
It cannot be denied those who signed for DPWH, Kalibo, Aklan were incumbent officials of that office. Is Mr. Denny D. Refol the Municipal Mayor of Altavas at the time of the signing of the MOA? It cannot be denied that his term of office as Mayor of the Municipality of Altavas has expired at 12:00 o’clock midnight, June 30, 2007. The duly elected and incumbent mayor of Altavas is surely not Denny D. Refol.
If former Mayor Denny D. Refol was not any more the Mayor of Altavas, why did he sign the agreement? It is extremely difficult if not impossible for Mr. Denny D. Refol to fulfill his obligations under the agreement. How can he implement the project when he is not the mayor?
On the other hand, why did the DPWH–DEO perfected a MOA with a party which is represented by an official whose term of office has expired? To whom will the DPWH–DEO talk to on matters of the project? Whom will the DPWH–DEO demand compliance as the signatory is not really the elected mayor and therefore cannot represent the municipality of Altavas in that MOA as duly elected Mayor?
The Privilege Speech of
June 19, 2008
Be that as it may, Hon. Rodson F. Mayor, member, Sangguniang Panlalawigan of Aklan on June 19, 2008 delivered a privilege speech on the matter of the P12,087,859.00 water projects in barangays Cabangila, Cabugao, Odiong, Man-up and Linayasan all in Altavas. Take note that June 19 is the birthday of the national hero, Dr. Jose P. Rizal.
The sum of P12,087,859 is appropriated as follows: Cabangila–P2,901,113; Cabugao–P871,622; Odiong–P1,290,000; Man-up–P4,024,489; and Linayasan–P3 million.
On the basis of the status report of the "Water Supply for Waterless Municipalities, Altavas, Aklan, of the total budget of the water project in five (5) barangays, P11,093,783.93 or 93 percent are already spent. This report was signed by Vivian B. Dalida, Engineer II; Eleanor P. Orbigo, Chief, Planning & Design Section; and Roberto J. Cabigas, OIC, District Engineer.
However, in Mayor’s privilege speech he said," except for some pipes installed in those barangays, not a drop of water coming from the faucet of the residents of those barangays can be obtained."
Mayor characterized those water supply projects as "ghost projects". The privilege speech of Hon. Mayor was referred to the "Committee as a Whole" of the SP. A committee hearing was scheduled. All those concerned LGU officials of Altavas was invited to attend to provide relevant information to the committee as a whole to get the truth on the alleged "ghosts projects" in Altavas.
Ms. Madeline Fermalino, State Auditor III, Commission on Audit was invited. Those invited officials of LGU Altavas did not attend the SP committee meeting. They snubbed the presiding officer and members of Aklan SP.
Ms. Fermalino rejected the invitation signed by Odon Bandiola, SP secretary to attend the August 7, 2008 interaction on the privilege speech of Hon. Mayor.
Ms. Fermalino declined to attend for according to her, "through interaction, I would become a party to a fishing expedition or investigation". Further, Fermalino wrote, "I will be asked and required to answer incriminating questions or to incriminate others." Finally, Ms. Fermalino charged that the provincial SP has no power, expressed or implied, to request the presence of COA auditor for interactions.
With this kind of thinking, behavior and work ethics of a COA official, how can government stop, erase or eradicate thieves in the government? This does not admit however, there is graft in the Altavas water and college projects.
But when Ms. Fermalino said, the Aklan SP is on a fishing expedition does it mean there are the presence of fish in the pond? Ms. Fermalino also said that if she attended the interaction, "I will be asked and required to answer incriminating questions or to incriminate others." Does Ms. Fermalino possess any knowledge of a person who might be incriminated of her answers? If none, whom will she incriminate?
This matter of water project is worthy to pursue until its conclusion. There will be good and valuable lessons to be learned here that may contribute and be a part of the solution to minimize if not stop thieveries in the government./MP