Bagabuyo asks COA to explain why it hasn’t recommended suit vs. Emano

July 1, 2008

By Lizanilla J. Amarga

The Commission on Audit (COA) in Cagayan de Oro is now being requested by the local opposition to explain why it has not recommended the filing of an action against the City Government of Cagayan de Oro for its failure to furnish the audit body with copies of the contracts within the legally prescribed 15 days and/or within the five days pursuant to the Government Auditing Act.

The auditing agency is also being asked by the opposition to furnish them “duly certified true copies” of the COA annual audit reports (COA-AARs) and the minutes of the “exit conferences” for the fiscal years 2004-2007 when former city mayor now Vice-Mayor Vicente Emano still held the reigns of government.

Opposition lawyer Rogelio Bagabuyo has formally written COA-Cagayan de Oro State Auditor IV Olivia Flores a two-page letter dated May 30, 2008 for the above explanation.

He said COA already received the letter on the same day and that he and the local opposition lawyers are giving the audit agency some time to come out with an explanation.

For him, the public has the right to know “why COA is very relax when it comes to really asking for copies of contracts awarded to by the Emano administration and other supporting documents.”

“Nahuman nalang gud ang mga proyekto pero wala pa silang Emano maghatag ug kopya sa COA unya ang COA wala lang sab (The project has been completed yet the Emano administration then has yet to furnish COA with copies of the same project contract and COA just let this pass by without much ado),” he told Gold Star Daily.

He added that each delay in the submission of these contracts is hurting the coffers of the City Government of Cagayan de Oro as “COA cannot properly, accurately and seasonably review these contracts for any defects that places the government in a disadvantageous position.”

Opposition city councilors Bong Lao, Roger Abaday and Zaldy Ocon together with former city councilor Atty. Roy Raagas and Gusa Barangay Chairman Enrico Salcedo are supportive of this move.

COA Circular No. 76-43 provides that a copy of all project contracts awarded by any political subdivision such as provinces, cities and municipalities or any government agency must be furnished to the resident COA auditor.

Also, Section 5 of the Republic Act 6713 or the Code of Ethical Standards for Government Employees mandates that any public officer is mandated to act on any request coming from the public within 15 days from when the request.

“This includes COA requesting City Hall officials to produce the necessary documents the auditors need to do a proper audit on the financial status of the City,” Bagabuyo said.

He added that failure to provide copies of all the complete documents necessary including the project contract to COA within 15 days for immediate review, post audit evaluation and inspection are also violations of RA 9184 or the Procurement Act of 2002.

Bagabuyo cited as examples of the “super-delayed” furnishing of copies of the contracts for the Build-Operate-Transfer (BOT) contracts for the redevelopment of the Carmen and Cogon public markets as well as the P50 million Telepono sa Barangay undertaken by the Supplier Contractor and Networking Telecommunication Inc. (Scantel) in 2003 among others.

He pointed out that COA Annual Audit Reports (COA-AARs) for 2004, 2005, 2006 and 2007 contained how COA continuously asked for the complete documents relating to the Carmen and Cogon public market BOT projects.

He added that this is why he is also asking for duly certified copies of the Findings, Observations and Recommendations of the COA in their AARs for 2004 to 2007.

A copy of COA-AAR 2004 was obtained by this paper. It contains these words: “5. The City General Services Office failed to completely and promptly submit to the Office of the Auditor the contracts for Build-Operate-Transfer Agreement for the Redevelopment of Carmen and Cogon Markets contrary to COA Circular No. 76-34.”

“As of Dec. 31, 2004, the redeveloped Carmen Market is ALREADY OPERATIONAL while the Redevelopment of Cogon Market is almost done, but until this date the subject contracts were NOT YET SUBMITTED for review to the Office of the City Auditor,” the COA-AAR 2004 reads.

COA-AAR 2005 and even 2006 still contained findings that City Hall had failed to furnish the audit body with the complete documents it needs to properly review every aspect of these multi-million projects.

Bagabuyo said that this is also true for the controversial P50 million Scantel project whereby the Emano Administration also failed to provide COA with all the necessary documents within the legally provided periods.

He said COA has the power to really ask and even file for appropriate legal actions against City Hall for failing to furnish the complete copies of these numerous multi-million peso contracts awarded to by the Emano administration and all pertinent supporting documents.

“Five days is allowed for City Hall to give COA a copy of the contract and other supporting documents based on the COA circular or if we base it on the RA 6713, City Hall is allowed 15 days but not a delay of three to four years that is too much!” he said.

He added that the public needs to know why COA has allowed the Emano administration to get away with not submitting the complete documents to its agency on time not just in one multi-million project but in more than three projects.

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Written by admin · Filed Under Cagayan de Oro