THE provincial government owned the vehicle for inspection of projects in previous administration but paid by the contractor is a kind of dodging the law.
Provincial Legal Officer Handel Lagunay said, “the process was in effect a circumvention of the law specifically citing that in the purchase of vehicles by LGUs, a clearance from the DILG is required, which was not secured nor followed in the instant case.”
This came after Muaña Construction and Development Corporation that constructed the concreting of Cabantian-Cansiwang-Mayuga Road project in Guindulman, Bohol, asked the Capitol that the said vehicle be reconveyed or returned to it.
Engr. Gasatan of the Provincial Engineer’s Office (PEO) said that 4 x 4 Pick Up Type Service vehicle, which he claimed is in good running condition, and which is presently placed in the covered court of the PEO, is a Mitsubishi Strada with Plate No. 0701-1321273, Engine No. 4NI5UJA9194, Chassis No. MMBJJKLI0NH063936, and Conduction No. YHI68 with an acquisition cost of P1,157,621,00;
The vehicle in question which was paid by funds coming from the contractor was registered in the name of the Provincial Government of Bohol, the committee of the Whole chaired by Vice-Gov. Victor Balite said.
The acquisition of the said vehicle is patterned after the practice of DPWH to have a vehicle for project inspection/monitoring purposes based on DPWH’s Engr. Amora contention they have a standing Department Order (D.O) No. 03, Series of 2010, regarding “Guidelines on the Acquisition of Motor Vehicles for Use in Infrastructure Project Supervision” that allows them to include the said purchase of vehicles in infraprojects.
But Board Member Jamie Villamor said that such practice may not be applicable to local government units even as the legal basis of the DPWH practice is a national guideline for National Government Agencies.
BM Bonita commented during the committee’s meeting that it was never stipulated in the contract between the PGBH and the Muaña Construction and Development Corporation that the vehicle be under the name of the PGBH.
“According Ms. Celocia, Provincial Accountant, the billing of Muaña for the concreting project included the cost of the vehicle and that in its pre-audit PAccO excluded and disallowed such payment.”
Provincial Accountant also said that the reason PAccO did not allow such payment for the vehicle is the fact that it is not allowed in the procurement process.
Mr. Muaña, the Chief Operating Officer of the construction firm “confirmed to the body that their company only manifested a verbal request and did not send for any formal letter-request for the reconveyance of the vehicle.”
As this developed, Board Member Benjie Arcamo urged Mr. Muaña to make a formal written request for the purpose.
The committee recommended for the contractor “to submit a formal letter stating its request for a Deed of Reconveyance for the vehicle so that the Provincial Government can properly and formally act on the matter.”
The SP warned all concerned, “particularly those involved in the bidding and procurement process, that no similar situation will happen again in projects of similar nature.”
The said recommendation was approved by the body in session.
Vice Governor Dionisio Victor A. Balite presided the said meting with the presence of Arcamo; BMS Lucille Y. Lagunay, Vierna Mae F. Boniel, Nathaniel O. Binlod, Tomas D. Abapo, Jr., Jiselle Rae A. Villamor, Elpidio L. Bonita, and Lawrence Xavier C. Ancla.
BM Tita V. Baja was represented by Ms. Karen Day, Legislative Staff Assistant III; Hon. Aldner R. Damalerio was represented by Ms. Darryl Damalerio, Legislative Staff Assistant III; and, Hon. Nicanor S. Besas was represented by his Staff, Mr. Noel Gonzales.
Also present were Lagunay, PGSO OIC Engr. Eustaquio G. Calliao, Officer-in-Charge, Provincial General Services Office; Engr. Camilo L. Gasatan, Joseth J. Celocia, CPA, BAC representative Paulito H. Rabuya, Engr. Francisco A. Amora, Jr. along with Mr. Ron Jacob M. Olaer, Ms. Marjorie P. Baliling and Mr. Lloyd Ancog of the DPWH 3rd Engineering District-Bohol; Mr. Peter Ricardo R. Muaña, Mr. Loie M. Tabiliran, Ms. Carmelita M. Tecson, Provincial Social Welfare and Development Officer and Ms. Hannah Mae Bullecer. (rvo)
