TACLOBAN CITY – A regional trial court in Samar stopped the planned bidding for P100 million in various supplies that was authorized by the province’s governor about four months since she returned to office after a 90-day suspension over a graft case.

Reynaldo Clemens, Samar RTC executive judge based in Calbayog City, issued a temporary restraining order on July 8 to stop the planned bidding, which was to have taken place on the same day.

The provincial government, headed by Gov. Milagros Tan, planned to bid out P104 million in medical, office and construction supplies.

Tan has just recently returned to her post following a 90-day suspension for a graft case involving the provincial funds of Samar, one of the country’s poorest provinces where, according to government statistics, only a third of families had access to health facilities.

The court issued the order following a petition filed by Vice Gov. Jesus Redaja and seven provincial board members questioning the planned bidding.

Old budget, new project

The petitioners said the bidding would have been illegal because the provincial government of Samar was operating under last year’s budget that was reenacted following the provincial board’s failure to pass a new budget.

The TRO lapses after 72 hours, but the petitioners asked the court to issue a writ of preliminary injunction that would prevent the bidding.

Named respondents in the case were Tan, provincial treasurer Bienvenido Sabenicio, accountant Francisco Detosil, budget officer Maximo Sison, provincial administrator Rolando Montejo and Ariel Yboa, all members of the provincial bid and awards committee.

Montejo and Sison had been suspended with Tan as a result of the case at the Sandiganbayan.

Court records said Tan authorized the bidding.

The supplies were supposedly needed to upgrade government offices, improve health services and implement infrastructure projects in the province.

Wrong typhoon

The petitioners, however, said since the provincial government was operating under the 2008 budget (P633.8 million) any disbursement for 2009 projects would be illegal and prohibited by the 1991 Local Government Code.

Several calls made to Tan, through her staff, and to Redaja were not answered.

In a brief telephone interview, Board Member Rogelio Casurao said the petition against the bidding has no political color.

Governor Tan was suspended by the anti-graft court Sandiganbayan for 90 days for irregularities surrounding the purchase by the provincial government in 2001 of P1.6 million worth of so-called emergency supplies.

The funds were spent on rice, medicines and electric fans supposedly for victims of Typhoon Kidang on Dec. 4-5, 2001.

But a group that investigated the case, the Isog Han Samar Movement, said the funds were actually requested by officials to help victims of an earlier typhoon.

Sacks of rice bought with the funds were later found in a grocery in Tacloban City that was not accredited as a grains dealer in Samar.

Tan, who is on her third and last term, was suspended starting Nov. 11, 2008 and returned to work last Feb. 10.