The dialogue facilitated by the Office of the Ombudsman in the Visayas between House Deputy Speaker and Cebu 2nd District Rep. Pablo Garcia and the provincial government ended in a deadlock after representatives of the acting Gov. Agnes Magpale refused to accede to the congressman’s request to release the P56.3 million “pork barrel” funds he had kept in trust with the Capitol.
“There is no reason whatsoever why these municipalities and barangays should be deprived of the benefits of these projects and social services perhaps for some ulterior partisan considerations,” Garcia said in his letter to Magpale.
The patriarch of the Garcia political clan threatened to file a complaint against Magpale should there be “no acceptable resolution” of the issue.
“It is not my nature to immediately be filing cases against my fellow public officials because I believe that there may be some avenues or procedures by which differences and conflicts can be resolved through mediation,” he said.
On Garcia’s request, Deputy Ombudsman for the Visayas Pelagio Apostol convened the parties yesterday hoping to amicably settle the issue.
Garcia personally went to the anti-graft office while Magpale was represented by lawyers Dara Acusar, Chad Estella, and Magnificus Canete.
Garcia was accompanied by his son, Dumanjug Mayor Nelson Garcia. Also present were representatives of the Department of Interior and Local Government as well as the Bureau of Local Government Finance.
Acusar said Magpale has yet to look into how the funds which was deposited in the coffers of the provincial government will be spent.
“We can’t say that the release of the amount is delayed because of the acting governor. According to the Department of Budget and Management (DBM), the acting governor has the authority to plan (and/or manage the disbursement) of these funds,” Acusar explained.
The two-hour proceedings before the Ombudsman Visayas ended with no definite outcome.
“I can’t say what will happen next but we (anti-graft office) have made our part under the Constitution to mediate conflicts. The issue here is when (Garcia’s congressional funds will be released). What we are discussing about is reasonable time. I hope the issue will be settled,” Apostol told reporters.
Garcia said Magpale may be held liable for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act as well as Republic Act 6713 or the Code of Conduct and Ethical Standard for Public Officers.
The congressman said assistant provincial treasurer Emmanuel Guial, upon his instruction, issued eight checks amounting to P1.3 million. The amount is intended for different barangays and municipalities in the second district.
While Guial was willing to deliver the checks, Garcia said the assistant provincial treasurer was allegedly stopped by Magpale from releasing them.
“There is absolutely no reasons whatsoever (other than political) why you have withheld delivery of these checks. Nobody has any legal authority to do so. Remember these funds are national and not provincial funds,” Garcia said in a letter he sent to Guial.
The congressman said it is the first time in more than five years that the checks against his Priority Development Assistance Fund (PDAF) have been “illegally and capriciously withheld.”
“Please take not that some of these checks may become stale soon,” Garcia said.
He said another P55 million of his PDAF is intended for Dumanjug while there is a remaining balance of P14 million which is placed in the trust fund of the province.
In a separate letter he sent to Magpale, Garcia said the release of the checks has been delayed for quite some time already.
“I do not have to tell you that my PDAF has been deposited with the Province of Cebu in the nature of a trust fund… Needless to say all of these municipalities and barangays are component LGUs of the province so whatever projects and social services implemented will also redound to the benefit of the Province of Cebu,” Garcia said.
“It is of course very unfortunate that as of this time we are on the opposite sides of the political divide. But who knows that in the future we shall be together again? In any case, I hope as public servants, political considerations should not, in any way, affect or influence us in the performance of our respective duties as dicatted by the rule of law,” he added.
But Magpale’s counsel, Acusar, said politics has nothing to do with why Garcia’s congressional funds have been withheld by the province.
He said the acting governor just need to make sure that the amount will be spent for reasonable purposes.
Budget Secretary Florencio Abad, in a letter to Magpale, said the Cebu provincial government should be the one to supervise the disbursement of Garcia’s congressional funds since it was deposited under its account.
“The Province of Cebu, as administrator of the funds, is responsible in ensuring that the disbursement thereof is consistent with the purpose/s specified by the trustor, in this case the proponent legislator,” Abad said.
He said Garcia, as the proponent legislator, has the authority to identify the beneficiaries as well as the priority development programs and projects to be charged against the PDAF.
However, Abad clarified that Magpale, being the acting governor, has the right to plan and/or manage the disbursement of the amount.
“Once the PDAF allocation has been deposited with the local treasury, there is no specific time frame within which said fund shall be disbursed. Nontheless, the purpose of the trust fund should not be defeated especially when time if of the essense for the implementation of programs and projects specified by the proponent legislatorm,” he said.
Abad said Magpale should be mindful of the prohibited activities during the election period such as the disbursement for public works, social works, and housing-related projects covered by the election ban.