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 Non-compliance: Anti-corruption groups MATA-Samar and Corruption Prevention Unit-Samar called the DILG's attention on the alleged failure of Samar provincial officials to comply with DILG provisions on the use of government project billboards. Photo courtesy of MATA-Samar In something of a test case, the recently-launched citizen’s action group Multisectoral Alliance for Transparency and Accountability (MATA-Samar) and the Corruption Prevention Unit-Samar have filed joint charges against officials and employees of the province of Samar for non-compliance with laws and circulars governing the disclosure of financial transactions and banning of billboards with names and pictures of politicians on public projects and programs.
Their formal complaint filed last month with the Regional Office of the Ombudsman in the Visayas, cited provisions of the Disclosure Act on Local Transactions and a recent Department of Interior and Local Government (DILG) memorandum that requires "Full Disclosure of Bids and Public Offerings".
DILG Secretary Jesse Robredo signed the Full Disclosure circular on August 31 last year in one of his first major acts in the job. In doing so he ordered all local government units (LGUs) to full comply with the law set laid down in the 1991 Local Government Code –especially those sections relating to public transparency and accountability.
All LGUs are required to post a summary of income and expenditures within 30 days from the end of each fiscal year in at least three publicly accessible and conspicuous places in the area. But the two anti-corruption groups insist this has not been happening in Samar.
The summary should list all revenues collected and funds received during the last fiscal year – as well as the subsequent appropriations and disbursements made. The law also requires the LGU to either post or publish its main financial transactions including the Annual Budget; Quarterly Statement of Cash Flows, Statement of Receipts and Expenditures, Statement of Debt Service; Annual Procurement Plan and its Bid Results on Civil Works, Goods and Services.
The charges filed by the watchdog groups aim to exploit the law to ensure transparency and provide a mechanism allowing concerned individuals and groups to monitor and check the propriety of LGU financial transactions -- as well as its compliance with the prescribed rules and regulations.
According to MATA-Samar members, the Samar LGU has repeatedly failed to post and publish the mandated information. They singled out the provincial Accountant, Budget Officer and Treasurer for what they call a “continuous and deliberate failure to comply with the expressed provisions of the Local Government code of 1991”.
The Commission on Audit (COA) State Auditor's Report on the Financial Statements of the Provincial Government of Samar for 2009 meantime found significant deficiencies including failure to provide any contracts, purchase orders or supporting documentation for infrastructure projects totalling to more than PhP 40 million (USD 930,232).
The report, published last August on the COA website, also found cash advances to officials and employees under the general fund amounted to a “huge sum” of PhP 3 million (USD 69,767)– half of which remained unaccounted for – thus “exposing government funds to possible misappropriation.” It also raised serious concern over land transfers worth almost PhP 20 million (USD 465,116) and found the province’s recording of property, plant and equipment totalling more than PhP 700 million (USD 16.3 million) to be “unreliable.”
The COA report further indicated problems with possible 336 “ghost” beneficiaries and recipients of trainings and per diems relating to a government project on responsible parenting.
 This streamer, taken at the launch of MATA-Samar in December 2010 in Catbalogan City, poses the ultimate challenge both to elected officials and people clamoring for a cleaner government: "There is no place for corruption if only the righteous will make a stand." RORIE R. FAJARDO While waiting for the result of the case filed with the Ombudsman, the anti-corruption groups forwarded related complaints to DILG Secretary Robredo seeking action over Samar's provincial leaders’ failure to follow the provisions of DILG Memorandum Circular 2010-101 that bans the names and photos of politicians on billboards of government projects and programs.
Records show that DILG Provincial Director Artemio B. Caneja forwarded a letter dated January 21, 2011 to Governor Sharee Ann T. Tan calling her attention to billboards being displayed around projects located in Samar which is contrary to the requirements of DILG MC-2010-101.
On February 1, 2011, DILG Regional Director Francisco C. Jose forwarded another complaint from Engr. Ray P. Gaspay of the local media group Samarnews.com over the proliferation of the same billboards.
The governor’s response, if any, has not been made public.
"Sobra gud it ira pakainsulto na han mga Samarnon kay deri na hira namamati han mga hangyo han mga tawo. Bisan ngani an DILG deri na nira gin papamatian, asya pa ba kita nga mga gudti la nga mga tawo. Maupay ito nga iyo gin aksyunan ngan gin kablit an DILG kay ira man ito sakup ngan mandato. Kitaon gud naton kun seryoso an DILG mag-implementar han ira mga balaud,” a senior citizen who declined to be identified told a representative of MATA-Samar. (They are already insulting the Samarnons because they no longer listen to the sentiments or clamor of the people. If they are ignoring the orders of the DILG, the more that they will not listen to the sentiments of ordinary and lowly people in the community. It's good that you filed the appropriate charges. Let's see if the DILG is really that serious in implementing its own laws.).
The group further stressed that under the present administration, more laws have been issued relative to stressing transparency and public accountability in governance and with the purpose of valuing performance for a meaningful and desirable development outcomes and to elevate the practice of government into an institutionalized status.
In the end, both anti-corruption groups in Samar are hopeful that employees and officials concerned will be held accountable for these violations and that failure to implement the said provisions will result in proper sanctions as provided for and authorized by law.
"If these acts will remain unsanctioned, our efforts to be one with (the DILG) in its mandate to curb corruption through transparency and accountability will be futile", says Father Cesar Aculan of the Corruption Prevention Unit-Samar. Philippine Public Transparency Reporting Project
(The author writes for Samarnews.com and is a member of MATA-Samar.)
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