Pay back P84M in ‘disaster aid’

CEBU, Philippines - For some people, this is now indeed a calamity.

The Commission on Audit has issued Notices of Disallowance and ordered Cebu City Mayor Michael Rama, other city officials and more than 4,200 regular and casual employees, to reimburse the city of the P84.4 million they received at P20,000 each as calamity financial assistance on December 23, 2013.

Cebu City auditor Cymbeline Celia Chiong-Uy said although the granting of the assistance through a supplemental budget was based on the ordinance enac-ted by City Council, it is still questionable because Section 321 of the Local Government Code does not include granting calamity assistance to government employees as an expenses that maybe considered for the enactment of a supplemental budget, even in times of calamity.

The law provides that “a supplemental budget may also be enacted in times of public calamity by way of budgetary realignment to set aside appropriations for the purchase of supplies and materials or the payment of services, which are exceptionally urgent or absolutely indispensable to prevent imminent danger to, or loss of, life or property, in the jurisdiction of the local government unit or in other areas declared by the president in a state of calamity.”

She argued that while the Department of Budget and Management’s review of the controversial Supplemental Budget No. 3 declared it operative in its entirety, it is still subject to conditions of the law.

Among these is that the appropriations intended as calamity assistance to employees shall be subject to the Joint Memorandum Circular No. 2013-1 dated March 23, 2013 issued by the National Disaster Risk-Reduction Management Council-Department of Interior and Local Government and Department of Budget and Management.

COA explained that while the city ordinance authorized the assistance, it did not conform with the provisions of COA Circular No. 97-002, which provides that “payments out of cash advance shall be allowed only for amounts not exceeding P15,000 for each transaction, except when a higher amount is allowed by law or with specific authority from COA.”

Rama was the one who endorsed the granting of P15,000 calamity financial assistance to the City Council for approval claiming that City Hall employees were badly affected by the earthquake and typhoon Yolanda. But it was Councilor Sisinio Andales who suggested if the city had the funds, it should be made P20,000.

According to the state auditors that “there were no proof showing that those city officials and employees given assistance were victims of the 7.2 magnitude earthquake on October 15 and typhoon Yolanda on December 8, 2013.

City Legal Officer Jerone Castillo said the mayor’s office already received the copy of the notice of disallowance and they will appeal to the COA Regional Office-7 to reconsider.

Some City Hall employees are already worried because they do not have money to re-imburse the P20,000 they received.

“Maayo unta og gagmay ra ang ibanon nila sa among suweldo,” one of them said.

Aside from Rama and Vice Mayor Edgardo Labella, COA mentioned in the notices of disallowance the names of Councilors Nestor Archival, Mary Ann De Los Santos, Dave Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya, and Noel Wenceslao.

Councilor James Cuenco was not included because he was absent when the ordinance was deliberated, Councilor Richie Osmeña was out, while Councilors Margot Osmeña and Leah Japson abstained from voting and did not receive the assistance.  Councilors Dizon, Gabuya and Cabarrubias already returned to the City Treasurer’s Office the amount they received.

Because of the calamity assistance, Rama and the other city officials are also facing administrative complaints before the Office of the President filed by Lawyer Reymelio Delute, a supporter of the Bando Osmeña Pundok Kauswagan.  — /BRP (FREEMAN)