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NEWLY ELECTED OFFICIALS (NEO) PROGRAM IMPLEMENTATION

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In My Briefs<br />

PRIOR AUTHORIZATION ON CONTRACTS<br />

The general rule under Secti on 22(c) of the Local Government Code<br />

of 1991, the local chief executi ve may not enter into contract in<br />

behalf of the local government unit without prior authorizati on by<br />

the sanggunian concerned, unless otherwise provided in the Code. If so<br />

provided in the Code, contracts may be entered into even without prior<br />

authorizati on by the sanggunian. The excepti ons are found in Secti on<br />

455(b)(1)(vi) and Secti on 465(b)(1)(vi) which respecti vely empower the<br />

City Mayor and the Governor to represent their local government units<br />

(the city or the province) in all its business transacti ons and sign in its<br />

behalf all bonds, contracts and such other documents upon authority of<br />

the sanggunian or pursuant to law or ordinance. Hence, the City Mayor<br />

or the Governor may sign, bonds, contracts and such other documents<br />

even without prior authorizati on from the sangguniang panlungsod<br />

or the sangguniang panlalawigan for as long as there is either a law or<br />

ordinance that authorizes him/her to do so. The law or the ordinance<br />

authorizing the aforementi oned local chief executi ves would serve<br />

as the excepti on to the general rule found in Secti on 22 of the Local<br />

Government Code.<br />

With Secti on 455(b)(1)(vi) and Secti on 465(b)(1)(vi) of the Local<br />

Government Code of 1991 in mind, does Republic Act 9184, the<br />

Government Procurement Reform Act, authorize the City Mayor or the<br />

Governor to enter into contract with the winning bidder, doing away<br />

with the prior authorizati on from their respecti ve sanggunian? In the<br />

case of Quisumbing vs Garcia, G.R. No. 175529, December 08, 2008,<br />

the Supreme Court held that “R.A. No. 9184 establishes the law and<br />

procedure for public procurement. Secti on 37 thereof explicitly makes<br />

the approval of the appropriate authority which, in the case of local<br />

government units, is the sanggunian, the point of reference for the noti ce<br />

to proceed to be issued to the winning bidder. This provision, rather<br />

than being in confl ict with or providing an excepti on to Secti on 22(c)<br />

of R.A. 7160, blends seemingly with the latt er and even acknowledges<br />

ARENA7<br />

ARENA7 leads with its banner the<br />

Blue Conti ngent composed of nati onal<br />

government agencies in region 7<br />

Independence Day Parade<br />

As Cebu City<br />

government led the<br />

acti viti es to mark this<br />

year’s Independence Day<br />

celebrati on, ARENA7 also<br />

took part in said aff air<br />

by campaigning for the<br />

wide parti cipati on of all<br />

the regional agencies<br />

in region 7 in the Grand<br />

Civic Military Parade<br />

going to Cebu City Sports<br />

Complex for an elaborate<br />

program headed by then<br />

Mayor-Elect Michael<br />

Rama in the aft ernoon<br />

of June 12. Together<br />

with the government<br />

employees are fl agwaving<br />

parti cipants from<br />

the public high schools,<br />

colleges and universiti es,<br />

sectoral groups, and<br />

from the members of<br />

the Armed Forces of the<br />

Philippines (AFP).<br />

[ 12 ] Kalambuan Sentral Bisayas First Semester 2010<br />

that in the exercise of the<br />

local government unit’s<br />

corporate powers, the chief<br />

executi ve acts merely as an<br />

instrumentality of the local<br />

council. Read together, the<br />

cited provisions mandate the<br />

local chief executi ve to secure<br />

the sanggunian’s approval before entering into procurement contracts<br />

and to transmit the noti ce to proceed to the winning bidder not later<br />

than seven (7) calendar days therefrom”.<br />

Also in the same case, the Supreme Court ruled that resort to<br />

appropriati on ordinance in determining whether prior authorizati on<br />

from the sanggunian for the local chief executi ve to enter into contract<br />

is included therein should be resolved depending on the parti cular<br />

circumstances of the case. Should the appropriati on ordinance already<br />

contain in suffi cient detail the project and cost of a capital outlay<br />

such that all the local chief executi ve needs to do aft er undergoing<br />

the requisite public bidding is to execute the contract, no further<br />

authorizati on is required, the appropriati on ordinance already being<br />

suffi cient. On the other hand, should the appropriati on ordinance<br />

describe the projects in generic terms such as “infrastructure projects”,<br />

“inter-municipal waterworks, drainage and sewerage, fl ood control<br />

and irrigati on system projects”, “reclamati on projects” or “roads and<br />

bridges”, there is an obvious need for a covering contract for every<br />

specifi c project that in turn requires approval by the sanggunian.<br />

Specifi c sanggunian approval may also be required for the purchase<br />

of goods and services which are neither specifi ed in the appropriati on<br />

ordinance nor encompassed within the regular personal services and<br />

maintenance operati ng expenses.<br />

Associati on of Regional Executi ves of Nati onal Agencies in Region 7 ARENA-7: is a legiti mate associati on<br />

incorporated as non-stock, non-profi t, composed of regional executi ves of nati onal agencies and GOCCs<br />

having a common interest and aspirati on for commited public service.<br />

CES Strategic Conversati ons in Bohol on April 13, 2010<br />

ARENA7 campaigned for the att endance of its member-executi ves.<br />

The highlight of said acti vity was the discussion on the automated electi ons<br />

by COMELEC Spokesperson Director James B. Jimenez who answered questi ons<br />

and gave responses on COMELEC’s preparati on for the May 10 electi ons, and<br />

where a mock electi on for president using the Precinct Count Opti cal Scan (PCOS)<br />

machine was conducted.<br />

Heritage Walk<br />

A signifi cant number of regional executi ves from regions 6, 7 and 8 converged<br />

in Cebu City to parti cipate in the Heritage Walk organized by the Career Executi ve<br />

Service Board (CESB) last May. The goal is to off er a seamless and organized<br />

heritage tour to local and foreign tourists. Heritage Walk is a project of Cebu City<br />

Tourism Commission, headed by OIC-Project Director Cinbeth Orellano, designed to<br />

wander through the remaining ruins of the old city now surrounded by the urban<br />

development of Cebu.<br />

Left photo: Regional execs getti ng ready to take the “kalesa ride” going to the next heritage spot. Right photo:<br />

Before taking off to the Heritage Walk, parti cipati ng execs got a short briefi ng at the Fort San Pedro by the<br />

member of the Cebu City Tourism Commission.

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