Thursday, November 4, 2021

Case Looms as San Fabian’s LGU OK P110 –M Loan

 By Mortz C. Ortigoza

SAN FABIAN, Pangasinan – A court case looms against the members of the legislative body of the local government unit and the mayor here from the members of the opposition party on the approval recently of the more than hundreds of millions of pesos’ loan to be used for the construction of the new public market.

Former mayorship candidate and lawyer Gerald Gubatan said he would file a criminal case’s Anti-Graft and Corrupt Practices Act against the local chief executive for violation of COA' Circular No. 2012-003 for unnecessary expenditure

What was actually filed was an anti-graft case against the local chief executive for violation of COA circular No. 2012-003 for unnecessary expenditure, Gubatan, a candidate for the membership of the provincial board, told this newspaper about the Commission on Audit's circular.

WARRING. The warring politicians of coastal first class town San Fabian in Pangasinan. Photo left clockwise: Outgoing Mayor Danny Agbayani and his mayorship candidate wife Marlyn, former mayorship bet and lawyer Gerard Gubatan – the son of the long reigning hizzoner of the town -, and outgoing provincial board member and mayorship candidate Riby Villegas.

Gubatan wife’s Rolyn runs for the vice mayorship under the ticket of outgoing Board Member and mayorship bet Riby Villegas.

 The LGU, according to Mayor Constante “Danny” Agbayani, will be paying the principal and interest of the multi-million pesos’ loan in ten years.

The P16 million amortization in the first two years would start next year.

Mayor Agbayani said the loan will be used to construct the modern public market located along the highway in Barangay Cayangan here.

 “We are preparing for San Miguel sisimulan na iyan San Miguel 3,000 na empleyado iyan. O di saan sila kakain kung walang Jollibee?”

He said it will cater to the P50 billion San Miguel Corporation’s ago-industrial and tourism industry that will provide up to the 3,000 targeted employees.

Agbayani runs for the vice mayoralty here while his wife Marlyn for the mayorship in the May 9, 2022 election.

“Sa amin naman mag file lang sila ng gusto nila. E kami naman – uh tingnan ninyo iyong ni file sa amin na dismiss na. O ano ang ipa file nila sa amin? We passed all requirements sabi ko ng nga: If you like to pass this resolution my request is to pass all the requirements in order not to face any case against Gubatan and Villegas,” the chief executive here explained.

The Ombudsman dismissed the Anti-Graft and Corrupt Practices Acts on "undue injury to the government" and “entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same” filed by Alberto Fernandez, Florenda Nabua, et al against Agbayani, Vice Mayor Leopoldo Manalo, members of the Sanggunian Bayan (town legislature), et al when the respondents approved in 2016 the operation of the Villages Water Supply System, Inc (VWSSI).

Agbayani cited with the P315 million for next year town's budget swelled by the Mandanas Ruling of the Supreme Court, it can easily pay the yearly amortization of the loan.

 The high tribunal decision on the Mandanas case specifies that the just share of the local government unit (LGUs) through the Internal Revenue Allotment (IRA), must be computed based on all national taxes like Custom Taxes, and not just from National Internal Revenue Taxes (NIRT).

Agbayani said even the owners of CSI Group that tend chains of malls in Northern Luzon led by former Dagupan City Mayor Belen Fernandez intended to lease a part of the market when it operates.

“Sabi ni Belen Fernandez you put up first then we will follow. Parang CSI susunod na ang CSI. Pati bangko may bangko ta wala kaming bangko,” he added.

Gubatan, in a letter to this writer, disputed the claim of Agbayani about the construciton of the public market and the intention of CSI Group to lease a space there.

 "Another point of clarification is that it is not a public market. It is a commercial town complex which completely different from a public market. Because if you transfer or construct another public market, it needs a separate ordinance for it to be legally binding. Obviously, the intent of the local legislature is not for the construction of public market. Baka hanggang ngayon e hindi pa alam ni mayor ang difference ng public market at commercial complex," the lawyer wrote.

He doubted that the CSI will rent a space in the complex since it already bought a land there.

"For one, may lupa po ang CSI sa San Fabian. Why would a business mogul rent a commercial space when it can build its own commercial mall? Marami po na bagay na kailangang malaman ng tao. Sagutin nalang po nila yung hinaing naming asunto sa Ombudsman".

 

READ MY OTHER BLOG/COLUMN:

Oligarchs Mga Amo' ng Senador sa Pinas?

2 comments:

  1. Just to clarify sir Mortz. What was actually filed was an anti-graft case against the local chief executive for violation of COA circular No. 2012-003 for unnecessary expenditure. Another point of clarification is that it is not a public market. It is a commercial town complex which completely different from a public market. Because if you transfer or construct another public market, it needs a separate ordinance for it to be legally binding. Obviously, the intent of the local legislature is not for the construction of public market. Baka hanggang ngayon e hindi pa alam ni mayor ang difference ng public market at commercial complex. For one, may lupa po ang CSI sa San Fabian. Why would a business mogul rent a commercial space when it can build its own commercial mall? Marami po na bagay na kailangang malaman ng tao. Sagutin nalang po nila yung hinaing naming asunto sa Ombudsman.

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    Replies
    1. Excerpts of the revised news article:
      - Former mayorship candidate and lawyer Gerald Gubatan said he would file a criminal case’s Anti-Graft and Corrupt Practices Act against the local chief executive for violation of COA' Circular No. 2012-003 for unnecessary expenditure

      “What was actually filed was an anti-graft case against the local chief executive for violation of COA circular No. 2012-003 for unnecessary expenditure,” Gubatan, a candidate for the membership of the provincial board, told this newspaper about the Commission on Audit's circular.
      - Gubatan, in a letter to this writer, disputed the claim of Agbayani about the construciton of the public market and the intention of CSI Group to lease a space there.

      "Another point of clarification is that it is not a public market. It is a commercial town complex which completely different from a public market. Because if you transfer or construct another public market, it needs a separate ordinance for it to be legally binding. Obviously, the intent of the local legislature is not for the construction of public market. Baka hanggang ngayon e hindi pa alam ni mayor ang difference ng public market at commercial complex," the lawyer wrote.

      He doubted that the CSI will rent a space in the complex since it already bought a land there.

      "For one, may lupa po ang CSI sa San Fabian. Why would a business mogul rent a commercial space when it can build its own commercial mall? Marami po na bagay na kailangang malaman ng tao. Sagutin nalang po nila yung hinaing naming asunto sa Ombudsman".

      Delete