Fortun admits rough ride but hopeful for FOI

Source: Google pics

BUTUAN CITY (Feb. 25, 2014) – It may be a rough ride for the Freedom of Information (FOI) bill to hurdle the Lower House this 16^th Congress, but Agusan del Norte First District Representative Lawrence “Law” Fortun says he is hopeful.

The FOI bill upholds Article 3 Section 7 of the Philippine Constitution, emphasizing that “the right of people to information on matters of public concern shall be recognized.” FOI allows full public access to government official records, with few exceptions, i.e. presidential entitlements to communication privilege and other executive official’s entitlements to “deliberative process privilege”. The bill is seen as integral component to the transparency and accountability thrust of the Aquino government.

The neophyte solon, who is also a co-author of one of the FOI bills in the House, manifested his optimism of FOI amidst continuous investigation of plunder cases against Janet Lim Napoles and a handful legislators. Whistle-blowers revealed what appears to be the mother of all scam of the wrongful use of priority development assistance fund (PDAF) funneled through bogus non-government organizations.

While the Senate eyed to finish deliberations and amendments of their FOI version next month, the lower house has yet to consolidate 12 versions of the bill.

In a radio interview, Fortun said the bill is consistent his advocacy on transparency and good governance, but cognizant of the inherent oppositions of some legislators. The young solon is hopeful that his colleagues in the lower house would fast-track the deliberations on the legislative measure, noting how it remained dormant and suffered excessive delays in the preceding Congress.

Lawig Katawhan

SP Endorses Recommendation Suspending Pangabugan Punong Barangay

The Sangguniang Panlungsod of Butuan City has endorsed to City Mayor Ferdinand M. Amante, Jr. a resolution it passed recently recommending the preventive suspension of Pangabugan Punong Barangay Amada L. Melendres. The resolution, which stemmed from the complaint filed against the barangay official last November 2011, recommended a 30-day preventive suspension for “Dishonesty, Misconduct and Conduct Unbecoming” of a public official.

Under the rules of the Sangguniang Panlungsod in dealing with administrative complaints/cases filed before the body, “preventive suspensions may be imposed any time after the issues are joined, that is, after the respondent has answered the complaint, when the evidence of guilt is strong and, given the gravity of the offense, there is a great probability that continuance in office of the respondent could influence the witness or pose a threat to the safety and integrity of the records and other evidence.” The complaint was filed by Pangabugan Barangay Kagawad Juvic Roy C. Plaza against the barangay official together with the other Barangay Kagawad of the said barangay. The resolution cited that “in the administrative case, the issues are already joined as the respondents have already answered the complaint, and based on the submitted documents, the evidence of guilt is strong as per Commission on Audit (COA) Report dated August 23, 2011, and there is a great probability that Punong Barangay Melendres, if allowed to continue in office while the investigation is going on, may use her position and power to influence witnesses or tamper records important in the prosecution of the case.” It cited further that the complainant failed to submit evidence to support the allegation that there is conspiracy among the respondent Punong Barangay and respondent Barangay Kagawads in committing the offenses complained of. Ms. Elsa Monton, the Auditor-In-Charge of Barangay Pangabugan, manifested that Punong Barangay Melendres herself admitted to her the fact that the signatures appearing in all eleven (11) checks in question were her very own signatures. The SP found enough grounds to impose preventive suspension only against respondent Punong Barangay Melendres.

Fortun Proposes Guidelines For PPP Joint Ventures

Butuan City Vice Mayor Lawrence “Law” Fortun recently filed an ordinance prescribing the guidelines and procedures for entering into joint venture agreements with private entities consistent with the National Economic and Development Authority (NEDA) guidelines on joint venture agreements. Among the reasons cited by Fortun in filing the said ordinance is the Executive Order issued by City Mayor Ferdinand M. Amante, Jr. creating the Public Private Partnership (PPP) Executive Team that would advocate, conceptualize, initiate, coordinate, direct and oversee the planning, implementation, monitoring and evaluation of the different PPP programs, projects and activities of the City government.

Butuan City Vice Mayor Lawrence "Law" Fortun

Fortun also cited the following basis for filing the said ordinance: a) the natural and economic resources of Butuan City present enormous potentials for rapid economic growth and sustainable, equitable development; b) there is an impetus to develop and implement a comprehensive economic agenda to maximize and convert these potentials into concrete economic and environmental gains; c) the public-private partnership (PPP) as advocated by the national government is seen as the pivotal and kety strategy in the implementation of the economic agenda; d) there is a need to strengthen the local government unit’s systems to be able to efficiently and effectively orchestrate, respond and support PPP undertakings; e) the Local Government Code of 1991 (RA 7160) vests upon the LGU the prerogative to enter into contracts involving its properties, subject to limitations imposed by law, and provides LGUs with wide ranging authority to undertake major infrastructure improvements and to seek financing for this purpose; and f) the NEDA Guidelines are being issued pursuant to Section 8 (Joint Venture Agreements) of Executive Order (EO) No. 423 dated April 30, 2005, which mandates NEDA, in consultation with the Government Procurement Policy Board (GPPB), to issue the necessary guidelines on Joint Ventures

The proposed measure, which is anchored on the policy of the City government to promote the participation of the private sector as active partners in the pursuit of genuine and meaningful autonomy in order to attain the fullest economic development and self-reliance, is aimed at laying down the groundwork for the City government in entering joint venture agreements and such other cooperative arrangements with the private sector for the development of local enterprises designed to improve productivity and income in order to enhance economic and social well-being of the people. The proposed ordinance also set forth principles on all joint venture agreements entered by the City government with the private entities and these are: a) the creation of the joint venture should not prevent potential players from profitably entering into business venture/market; b) the cost of producing the particular product, activity or service should be efficient or potentially efficient towards earning potential profits for government and the market player/private sector partner; c) there should be no barriers for the City government’s withdrawal  of its contribution to the joint venture investment; d) the role of government as regulator of the business of the joint venture should be clearly and explicitly delineated from its role as implementer of the business to avoid conflict of interest; and e) accountability for the joint venture project ultimately devolves on the City government being deeply involved in the joint venture agreement and the implementation of the joint venture agreement project. The private parties dealing with the City government are similarly held accountable for their actions relative thereto.