A GROUP of regular employees of the Bacolod City Government gathered outside the City Council session hall on Wednesday to call on legislators to approve the proposed P1.8-billion 2016 budget. Calling themselves the "Concerned Employees of the City," they said the annual budget should be urgently passed so that pending benefits for employees can be released. Because the 2016 budget had not been approved at the start of the fiscal year, the local government code prohibits the council from taking up other matters during council sessions except the 2016 budget. One such matter pushed back is the P26.1-million appropriation ordinance that covered the employees' performance bonus that was supposed to be given at the end of 2015. Jake Castillano, former president of the Bacolod City Government Employees Union and works at the Management Information Technology and Computer Services (MITCS) department, led the employees in venting their concerns. Most of them wore black shirts, and placed posters on the wall outside the session hall that read, “Approve 2016 budget Now Na! Kay higot da ang salary increase sang mga employees,” “P15,000 Achievement Incentive Bonus for 2015 Ihatag Na!, and “Government Employees of Bacolod Unite! Unity is our strength! Fight for our economic rights.” Regular and plantilla casual employees of Bacolod were each supposed to receive P15,000 as an additional bonus during the holidays, compared to the P55,000 granted to each employee of the Negros Occidental Provincial Government. However, Bacolod employees have yet to receive their bonuses due to concerns over a colatilla imposed by the City Council in the bonus appropriation ordinance. The employees said they feared that if the approval of the 2016 budget would be further delayed, they could no longer avail of the P15,000. They pointed out that in 2014, they received P33,000 in bonuses but in 2015, they got nothing and that the Bacolod City government had not given the employees their due. “That money is supposed to be given on or before Christmas, on or before New Year, and now it’s already beyond Three Kings and worse, it might reach Valentine’s Day or beyond that,” Castillano said. “The employees are very sad due to the non-release of such benefit. We all deserve it.” Acting Vice Mayor El Cid Familiaran said that on January 11, he sought the opinion of Acting Department of Interior and Local Government (DILG) City Director Cherryl Tacda on whether the City Council could take up other matters even while the 2016 budget was still pending. Tacda cited a legal opinion signed by DILG Director III Jesus B. Doque IV, stating that Section 323 of the Local Government Code of 1991 is clear that if the Council concerned fails to pass an ordinance authorizing the annual budget before the start of each fiscal year, it shall continue to hold sessions until such ordinance is approved and no other business may be taken up during such sessions. Basic is the rule in statutory construction that where the language of the law is clear, it must be applied according to its expressed terms, it added. By CARLA N. CANET
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Several regular employees of the Bacolod City government yesterday called on members of the Bacolod Sangguniang Panlungsod to set aside politics and act on the 2016 annual budget so they could release their achievement incentive bonus. The employees, who wore black shirts as a sign of protest, stated their demand on a poster outside the SP session hall that read “15,000 achievement incentive bonus ihatag na! (Release our P15,000 our achievement incentive bonus now), and “Approve 2016 budget, now na!! Kay higot da ang salary increase sg mga employees (Approve the 2016 budget since the implementation of salary increases of employees is dependent on it).” Jake Castellano, former president of the Bacolod City Employees Union, yesterday said they are asking the SP to approve the 2016 annual budget of P1.8 billion because this could affect the salary increase of the employees. Until they pass the 2016 annual budget, they cannot tackle other items, including the P15,000 achievement incentive bonus of regular and plantilla casual employees for 2015, he said. Castellano, an employee of the Management Information Technology & Computer Services, said almost all cities and municipalities in Negros have already released the bonuses of their employees. The provincial government gave P35,000; while Salvador Benedicto town also gave P25,000, he said. Last year they received P33,000. Unfortunately, this year, they did not receive anything, even though Bacolod is considered a billionaire city, Castellano said. “Their achievement incentive bonus was supposed to be a Christmas gift. But the New Year and Three Kings have already passed and it will be Valentine's Day next month,” he said. Castellano said they are saddened that they have not received their additional bonus, so they will continue to appeal to the SP to approve the budget so it can take up other matters like the employees' benefits. They fear that if the approval of the new budget takes longer, their P15,000 additional bonus from the 2015 budget might not be released and what will be approved by the SP will be for 2016, he said. Catellano also said only a few of them had gathered yesterday unlike during their previous protest, since they have received reports that those who do not join their protest will allegedly be given bigger bonuses. Meanwhile, acting Bacolod Vice Mayor El Cid Familiaran said the committee on Finance chaired by Councilor Claudio Puentevella will conduct two more budget hearings before submitting its committee report to the SP. Familiaran said that, as of yesterday, there were 39 pending requests before the SP like the achievement incentive bonus of regular employees, road closures/fiestas, memorandum or agreements for the BacoLaodiat and P99,000 donation of DepED, and other important matters, which they could not take up unless the 2016 annual budget is approved. He said there is an opinion from the Department of Interior and Local Government that the SP should continue holding sessions until the annual budget is approved, and no other business may be taken up. Familiaran said the budget may not yet be approved next session and they hope the SP will act on it before the end of the month.*CGS BY CHRYSEE SAMILLANO If the acting administration can provide funds for the fisherfolk of Bacolod City that have been affected by red tide, it should also find a budget for the BacoLaodiat Festival, Bacolod Councilor Claudio Puentevella said yesterday. Puentevella, chairman of the Sangguniang Panlungsod Committee on Finance, said the BacoLaodiat Festival slated February 5 to 7 requires a small amount of funds. If the acting administration can provide financial assistance of P2,000 to P3,000 for each affected fisherfolk, there is no question that the city has a budget, he said. Last year, they allocated about P4 million for the BacoLaodiat Festival, Puentevella added. Gasataya said the BacoLaodiat Festival will push through and that he did not say that the city has no funds for it. However, before the city could release funds to the BacoLaodiat Committee, he must be authorized by the SP to sign the memorandum of agreement between the BacoLaodiat Committee and the city, he said. Councilor Caesar Distrito, said earlier that the city will be paralyzed for the next 90 days until the 2016 annual budget amounting to P1.8 billion is approved. Acting Vice Mayor El Cid Familiaran had cited Article 415 of the Local Government Code that mandates the council to continue to hold sessions without additional renumeration for each member until the ordinance authorizing the annual appropriation is approved, and no other business may be taken up during such session. Gasataya said the budget for the affected fisherfolk will be sourced from the funds of the Department of Social Services and Development. They have already submitted the names of the affected individuals to the DSSD and the City Agriculture Office that will identify the beneficiaries, he said. Puentevella said they want to make sure that the funds of the city will be properly used since the red tide advisory has already been lifted. Gasataya said they are waiting for the final results of the tests conducted in the coastal waters of Bacolod City. Meanwhile, Puentevella said his committee may conduct one or two more hearings before they could finally approve the 2016 annual budget amounting to P1.8 billion because there were two out of the 40 to 50 departments who failed to attend the fourth budget hearing he conducted yesterday Puentevella said almost all the departments were happy with the budget proposed by the City Mayor's Office. He will bring the concerns of some departments before the SP during its session tomorrow. He will invite the Bacolod Environment and Natural Resources Office and the Human Resources Office to the next hearing before he submits his committee report, he said. “I think we are comfortable with the P1.5 billion reinacted budget as of this time and we are given 90 days by the Department of Interior and Local Government to study whether to push for a bigger amount or use the reinacted budget,” Puentevella said. Puentevella said Gasataya should release the additional bonus of regular employees. He acted in bad faith when he vetoed the colatilla they added to the appropriation ordinance for the employees bonus because he knows he cannot return the ordinance to the SP, he said. Gasataya returned the appropriation ordinance appropriating P26 million for the bonus of regular employees with a line veto of the colatilla holding him and other department heads liable should the amount be disallowed. The Bacolod City Employees Union had signed a petition asking the SP to remove the colatilla so their extra bonus could be released. Meanwhile, Bacolod City College administrator Jonanna Bayoneta said their budget this year is about P25.2 million compared to P23 million last year. Bayoneta said they proposed last year the inclusion of 15 permanent teachers since BCC has only three at present. But this was not taken up because the city may have reached the maximum ceiling allowed by law, she said. They have 19 full-time contractual teachers whose contract expired in December 2015, she said. If they will not be hired, this will become a problem for the school, Bayoneta said.*CGS BY CHRYSEE SAMILLANO Negros Occidental—Bacolod City Rep. Evelio Leonardia and acting Vice Mayor El Cid Familiaran are facing administrative and criminal complaints over a rental space at government-owned Manokan Country. Local resident Abner Cañal filed the complaint against Leonardia and Familiaran before the Office of the Ombudsman-Visayas. Cañal is questioning the ownership by Familiarn of one of the stalls at Manokan Country, where there are rows of restaurants serving the famous inasal or grilled chicken. Cañal claimed that Leonardia violated Section 89 of the Local Government Code and Section 3 of the Anti Graft and Corrupt Practices Act when he signed and entered into a contract of lease with Familiaran in June 2013. Cañal also alleged that Leonardia treated Familiaran with great favor when he agreed to allow the lease contract to have 50 percent lower rentals compared to tenants in the government- owned facility. Manila Bulletin by Carla N. Canet ADMINISTRATIVE and criminal complaints were filed by Abner Cañal before the Office of the Ombudsman against acting Bacolod Vice Mayor El Cid Familiaran and Bacolod Lone District Representative Evelio “Bing” Leonardia. The complaints were for alleged violations of Section 89 of the Local Government Code of 1991, in relation to Section 3 (g) and (h) of Republic Act 3019 or the Anti-Graft and Corruption Practices Act, in connection with Leonardia’s involvement in Familiaran’s stall ownership at the Manokan Country. The complainant further asked the court to issue a preventive suspension order against both public officials and hold their respective and current government positions in order to prevent them from influencing the outcome of the investigation. Cañal’s complaint stemmed from Familiaran’s ownership of stall no. 23 at Manokan Country, where Cañal alleged that the acting vice mayor’s stall ownership, which he acquired through a contract of lease dated June 24, 2013, was for his personal gain and interest. He further alleged that although Familiaran fully paid his account as lessee of stall no. 23, it is highly questionable and anomalous because his rent is lower compared to other lessees and occupants. Cañal said it is a highly unbearable and unacceptable fact that lessees of other stalls in Manokan Country would pay almost 50 percent higher than Familiaran. The complainant also dragged Leonardia’s name alleging that the former mayor and now incumbent congressman of the city signed and entered into a contract of lease with Familiaran dated June 24, 2013, despite knowing and was fully aware that the said contract is prohibited by law. “By taking advantage of the influence of their respective positions, both public officials did then and there wilfully, unlawfully and feloniously executed a lease contract which is prohibited by and contrary to law resulting to irreparable injury and disadvantage to the city government of Bacolod,” Cañal further stated in his complaint. Meanwhile, Familiaran said he has yet to receive a copy of the complaint but considered it politically motivated. “It is a grand design to attack my character,” Familiaran stressed. Familiaran explained that he acquired the stall through a bidding in 2006, which was also approved by the Market Committee composed of former City Administrator Lorendo Dilag, the late lawyer Allan Zamora, and the City Treasurer, and was even ratified by the Sangguniang Panlungsod (SP). Familiaran stressed that there was no special treatment on the acquisition of the stall because he was even with the opposition in 2006 when it was granted to him by the SP. Despite the said complaint, Familiaran said he will still continue to pray for his obstructionists. On the other hand, lawyer Joselito Bayatan, Leonardia’s legal counsel, said the complaint bears the political label of suspended Mayor Monico Puentevella. “It is a known fact that due to the growing unpopularity and unabated misgovernance of Puentevella, many of his followers are bolting out from his camp,” Bayatan said in his press statement. Bayatan said it is unfortunate for Familiaran to be now branded by Puentevella as his opponent, but this is how Puentevella works with his followers. “Once you get out from his misgovernance, he will treat you as his enemy then expect his wrathful harassment,” Bayatan added. He said they are ready to face the case in the Ombudsman and that they are not worried about it./WDJ By Glazyl Jane Marie Y. Masculino BACOLOD CITY - Nagapangatubang sang kaso kriminal kag administratibo sa Office of the Ombudsman-Visayas sanday Congressman Evelio Leonardia kag Acting Vice-Mayor El Cid Familiaran.
Paglapas sa section 89 sang Local Government Code may kaangtanan sa section 3 sang Republic Act 3019 ukon Anti-Graft and Corrupt Practices Act ang ginpasaka ni Abner Cañal sang Purok Sawmill 3, Brgy. Bata, ciudad sang Bacolod batok kanday Leonardia kag Familiaran. Ini may angot sa pag-arkila ni Familiaran sa isa ka bloke sa Manokan Country kag nagamit sini ang iya posisyon sa gobierno para sa personal nga interes kag bentaha. Suno sa reklamo ni Cañal, nagsulod si Familiaran sa isa ka kontrata upod sa city government sadtong nagapungko pa nga alkalde si Leonardia kun sa diin nagabayad ini sang 50 porciento nga mas manubo nga bulanan nga arkila kun ikumparar sa iban nga tenants sa Manokan Country. Suno kay Cañal, dapat manabat man si Leonardia bangud sa pagpirma sini sa kontrata sa pihak nga nakahibalo ini nga disbentaha ang kasugtanan para sa ciudad. Ang reklamo ginsuportahan sang mga dokumento nagikan sa City Treasurer's Office, Permits and Licensing Division kag iban pa nga talatapan sa city hall. Ang reklamo ni Cañal gin-file sang abogado sini nga si Atty. Eduardo Padios kag ginpasa sa Ombudsman Visayas sadtong Disyembre 23 nga nabaton naman sang talatapan sadtong Disyembre 28, 2015. Bombo Radyo Philippines By Bombo Prime Tejida/ Leneath Antenor-Flores A RESIDENT of Barangay Bata has filed administrative and criminal complaints against Bacolod Representative Evelio Leonardia and Acting Vice Mayor El Cid Familiaran before the Office of the Ombudsman in relation to the latter’s ownership of a stall at the Manokan Country, a government-owned property. Complainant Abner Cañal is asking the Ombudsman to issue a preventive suspension order against the respondents to prevent them from influencing the investigation of the complaint he filed for violation of Section 89 (a)(5) of the Local Government Code (LGC) of 1991 in relation to section 3(g) and (h) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act. In his verified complaint dated December 23, 2015 filed by his counsel Eduardo Padios, Cañal said that Leonardia violated the law when he signed and entered into a Contract of Lease with Familiaran dated June 24, 2013, despite knowing that the contract is prohibited by law. Cañal also alleged that Leonardia treated Familiaran with “great favor” in approving the lease contract, whose rent was 50 percent lower compared to other lessee-occupants of the government-owned property. He also said that this act was a conspiracy by both officials in using their positions for personal interest. In reaction, Familiaran said the case is “a grand design to attack his character” and “a demolition by perception.” He said he acquired the stall through public bidding and constructed the existing structure using his personal funds since the old structure was demolished by the former tenant. Familiaran also pointed out that he and Leonardia were political opponents at the time he acquired the stall. Familiaran was, at the time, allied with Bacolod Mayor Monico Puentevella, who is currently serving a 90-day preventive suspension over a graft case for the alleged overpriced purchase of computer packages when he was still a congressman. Leonardia’s counsel, Joselito Bayatan, said the complaint filed against the congressman and Familiaran “bears the political label of the suspended mayor.” “It is a known fact that due to the growing unpopularity and unabated misgovernance of Puentevella, many of his followers are bolting from his camp. One of them is Familaran who now prefers to join the Grupo Progreso of Leonardia for integrity and to avoid being tainted with the badge of graft and corruption under the rule of Puentevella,” he said. (CNC) The Bacolod Sangguniang Panlungsod will have only one item on its agenda during its regular session today, which is the proposed 2016 executive budget amounting to P1.8 billion, acting Bacolod City Vice Mayor El Cid Familiaran said yesterday. The proposed annual budget was submitted by suspended Mayor Monico Puentevella to the SP last year and was accepted by his son, Councilor Claudio Puentevella, chairman of the SP Committee on Finance. Familiaran said Article 415 of the Local Government Code (Budget Authorization) mandates the council should continue to hold sessions without additional renumeration for each member until the ordinance authorizing the annual appropriation is approved, and no other business may be taken up during such session. If the SP fails to enact such ordinance after 90 days from the beginning of the fiscal year, the reenacted budget should remain in force and effect until such time that the ordinance authorizing the annual appropriation is approved by the Sanggunian, he said. Familiaran said the proposed annual budget has been approved on first reading and they are just waiting for Councilor Puentevella to submit his committee report on the budget hearings he conducted last year. Acting Mayor Greg Gasataya said he is leaving the proposed annual budget to the wisdom of the Sanggunian. In the meantime that the new budget has not yet been acted upon, he already instructed the Budget Officer to prepare everything for the re-enacted budget as government service should continue to function, he said. Gasataya, however, said they have limitations as to what they can do or not on a reenacted budget, based on the law. “We are already in a political season but, as much as possible, I am trying the best that I can, to set aside politics and continue to work for the welfare of Bacolod City,” he said. Gasataya also said he has left to the department heads the hiring of job order casuals for January regardless of political color, particularly the hiring of additional traffic enforcers.*CGS BY CHRYSEE SAMILLANO A resident of Brgy. Bata, Bacolod City has filed administrative and criminal complaints against Bacolod Rep. Evelio Leonardia and Councilor El Cid Familiaran, now acting Vice Mayor, before the Office of the Ombudsman for the councilor's ownership of a stall at the Manokan Country. Abner Cañal asked the Ombudsman to issue a preventive suspension order against the respondents to prevent them from influencing the investigation of the complaint he filed for violation of section 89 (a)(5) of the Local Government Code of 1991 in relation to section 3(g)&(h) of R.A. 3019, or the Anti-Graft and Corrupt Practices Act. In his complaint dated Dec. 23, 2015 filed by his counsel Eduardo Padios before the Ombudsman, Cañal claimed that Leonardia violated section 89 of the LGC in relation to section 3, parag. (g) of R.A. 3019, when he signed and entered into a contract of lease with Familiaran dated June 24, 2013, despite knowing and being fully aware that the said contract is prohibited by law/s. Cañal also alleged that Leonardia treated Familiaran with great favor in approving the lease contract 50 percent lower rentals compared to other lessees/occupants of the government owned property, which is a conclusive manifestation of conspiracy of both city officials in using their respective positions to benefit only personal gain and interest of Familiaran resulting to irreparable injury and is disadvantageous to the city government of Bacolod. For owning, possessing, and using government property using his position in conspiracy with Leonardia, Familiaran violated section 89 (a) sub-section (5) of the LGC of 1991, in relation to section 3 (h) of R.A. 3019, he added. A GRAND DESIGN Familiaran said this is a grand design to attack his character. It is a demolition by perception but he will keep praying for his political enemies. He said he acquired the stall through public bidding and built the structure using his personal funds since this was demolished by the former tenant. Familiaran also pointed out that he and Leonardia were political opponents at the time he acquired the stall since he was still with the team of suspended mayor Monico Puentevella. Leonardia's legal counsel, Joselito Bayatan said the complaint filed against the solon and Familiaran bears the political label of the suspended mayor. FOLLOWERS BOLTING It is a known fact, that due to the growing unpopularity and unabated misgovernance of Puentevella, many of his followers are bolting out from his camp. One of them is Familaran who now prefers to join the Grupo Progreso of Leonardia for integrity and to avoid being tainted with the badge of graft and corruption under the rule of Puentevella, he said. Bayatan said it is of common knowledge that Puentevella never rests from perturbing his opponents by filing against them multiple yet baseless cases before the Ombudsman, using his minions. “We may count that there were 56 Ombudsman cases filed by Puentevella and his minions against Leonardia, 50 of which have thus far been dismissed. Now Puentevella has added one more case,” he said. Bayatan said it is unfortunate for Familiaran to be now branded by Puentevella as his opponent, hence this case against him, as they sympathize with the acting vice mayor. “This is how Puentevella works with his followers, once you get out from his misgovernance he will treat you as his enemy then expect his wrathful harassment,” he said. LEASE CONTRACT FOR RENEWAL By reading the complaint, it is very clear that the lease contract is legitimate and entered into by the City Government with the then Mayor Leonardia simply representing the city. the same lease contract was ALSO simply a renewal that originated way back in 2006 yet, Bayatan said. It is misleading for the camp of Puentevella to allege that the rental payment of Familiaran is much lower compared with the other lessees, The list of rental payments coming from the City Treasurer as attached to the complaint, shows that there are rental payments even much lower than that of Familiaran's, he said. Bayatan said the complaint did not fairly state that Familiaran has had no arrears in his lease obligation, compared with those who had a higher lease but having rental arrears in the tune of more than P400,000. The total arrears uncollected by the City Government under the Puentevella Administration is P6,504,162.40 as shown in Annex "F" of the complaint. If there is somebody who committed acts gross disadvantageous to the City Government, it would be Puentevella who failed to collect this total arrears of P6.504,162.40, he said. “INCOMPETENT, INDIFFERENCE This will only prove Puentevella's incompetence and indifference to his duty as mayor, Bayatan said. It is also sad to note that while he neglected to collect the arrears of P6,504,162.40, his solution is to sell these various stalls known as the Manokan Country, a formula that cannot garner a passing grade in elementary economics and finance subjects, he said. Bayatan said they are ready to face this Ombudsman case. NOT LIKE UKAY-UKAY They are not worried about it because this is not like the "Ukay ukay" case involving the son of Puentevella, who is also his executive assistant, that victimized the poor and unsuspecting vendors by collecting from them the "advance rent" and for a "special permit" for the use of the public plaza in the sum of P500,000 that did not fully materialize because there was no approval from the Sanggunian Panlungsod, Bayatan added.*CGS BACOLOD City – What’s keeping the Sangguniang Panlungsod (SP) from approving the city’s 2016 budget? The city council is set to tackle the P1.8-billion proposed budget today. The budget hurdled first reading on Oct. 28, 2015 but got stalled following the suspension of Mayor Monico Puentevella in November. Acting Mayor Greg Gasataya urged the city councilors to set aside politics. To avoid paralysis in city hall operations, Gasataya is pushing for a re-enacted 2015 budget. Councilor Claudio Puentevella, chairperson of the SP committee on finance, held hearings on the proposed budget last year but has yet to submit a report to the SP. The councilor is a son of the suspended mayor. Acting Vice Mayor El Cid Familiaran confirmed yesterday that the proposed 2016 budget is in today’s agenda of the SP session. Under Article 415 of the Budget Authorization Process in the Philippines, a re-enacted budget shall take effect if the SP fails to approve the proposed annual general fund 90 days from the beginning of the fiscal year. The law also provides that each member of the city council will not receive remuneration until the budget is approved. The council is not also allowed to tackle anything during its sessions until the budget is approved. “I am trying, as much as I can, to set aside politics and continue to work for the welfare of Bacolod City,” said Gasataya. Of the proposed P1.8-billion budget, P774 million will be for the city’s maintenance and other operating expenses; P549 million for personal services; P270 million for capital outlay; and P162 million for other expenses./PN BY MAE SINGUAY |
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