BAGUIO CITY – Graft charges continue to pile up against Mayor Benjamin B. Magalong and three other local government officials following the recent filing of another criminal and administrative case against them relative to the proposed construction of multipurpose building at the Baguio Athletic Bowl that was partially funded by the Department of Public Works and Highways (DPWH) in the amount of PhP50 million.
In a 25-page affidavit complaint, Councilor Maria Mylen Victoria Yaranon and private citizen Ryan Dale Mangusan prayed that the office of the Ombudsman order the preventive suspension of Mayor Magalong, City Administrator Bonifacio dela Peña, City Building official Arch. Johnny Degay and Engr. Samuel Salvador, chief of the planning division of the City Buildings and Architecture office (CBAO) pending the investigation of their complaint pursuant to existing rules and regulations.
The complaint stemmed from the alleged questionable utilization of the funds from the DPWH initially amounting to PhP25 million that was reportedly used to pay the declared accomplished work in the proposed Baguio Youth Convergence Center which was not actually completed based on findings by the mother agency.
The implementation of the said project was supposedly governed by the memorandum of agreement (MOA) that was executed between the DPWH and the city government.
However, the city government included in its appropriation for year 2021 the amount of PhP139.11 million for the construction of the youth convergence center and sports complex at the Athletic Oval in Burnham Park which according to the complainants means that the funding as approved by the council is for a specific, distinct and separate facility and was far from any indication that it would be mixed and used as a counterpart funding of the city to that of the DPWH project.
The complainants claimed that without waiting for the execution of the MOA for DPWH to download the funds for the subject project, the city government on August 2-24, 2021 through the Bids and Awards Committee under the chairmanship of dela Pena published for bidding the said project construction of a youth convergence center and sports complex.
Further, without authority, Magalong in alleged conspiracy with dela Pena helping each other closeted both projects for bidding with a total approved budget for the contract PhP390.3 million making it appear that the two projects with different fund sources are now one single project. The approved plan accompanying the bidding documents would readily reveal that there is only one building to be constructed.
However, the complainants claimed that the city government through Mayor Magalong, however, in an attempt to conceal the alleged irregularity, submitted to DPWH two sets of project contracts namely, construction of youth convergence center and sports complex care of CBAO and Baguio City Youth Convergence Center and indoor sports complex and construction of multipurpose building at Athletic Bowl all care of CBAO.
On March 18, 2022, a Special Allotment Release Order (SARO) covering the amount of PhP50 million for the DPWH project construction of multipurpose building at the Athletic Oval was issued with a stipulation that the funds released shall be used solely for the purposes indicated pursuant to existing budgeting, accounting and auditing rules and regulations.
From September 7, 2021 until the release of the SARO, the complainants argued that the respondents had all the opportunity to correct serious irregularity and come back to the fold of righteousness but they chose to remain on the side of evil and came up with a justification through a BAC resolution, among others, that the projects are one and the same.
Ironically, such assailable BAC action was not consented to by the DPWH considering the specificity of the project under the General Appropriations Act.
On September 8, 2022, the city government disbursed the amount of PhP25.18 million to the contractor by way of first partial billing where the actual work accomplishment report as approved by Salvador and disbursement approved by Magalong that indicated that it was for an accomplishment of 50.31 percent. But a review of the billing documents revealed that as of the date, the accomplishment of the contractor was only 6.7 percent, thus, the Commission on Audit (COA) report ending 2022.
After receiving the said partial payment, the complainants alleged that the contractor M.E Sicat Construction, reportedly abandoned the project without any sanction whatsoever from the city government and up to date, the project remains unfinished and abandoned while the exposed rebars are being consumed by rust.
On July 24-25, 2024, the COA technical audit group of COA-CAR reported that the said project incurred a negative slippage of 21.12 percent but despite the same, no calibrated action was undertaken by Magalong in violation of pertinent laws, rules and regulations.
The complainants seek to charge the respondents with grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service, among others based on the foregoing facts.
The complainants stipulated that the continuance of the project using local funds without closure of the MOA and audit is highly irregular. The project, as funded from national funds, has already been recommended for termination and is just awaiting the final report from the COA.
The concerned officials are yet to comment on the said charges that were filed against them before the Office of the Ombudsman. Contributed article
