CEBU, Philippines - Raising an issue over the non-ratification of an agreement that was authorized by the Provincial Board only shows one’s “cluelessness” of the law.
This is according to Capitol spokesperson Rory Jon Sepulveda, who is supporting the claim of Provincial Secretary Aniceta Pasaylo that after authorizing the governor to enter into an agreement, the PB normally does not pass a separate resolution ratifying the contract.
“Kung kinsa na’ng mga kontraktor diha nga ga-suroy suroy nga mangayo og certification nga wala mi’y ratification is barking at the wrong tree, he or she is just showing her ignorance,” Sepulveda told reporters yesterday.
The daughter of the late vice governor Gregorio Sanchez Jr., Engr. Grecilda “Gigi” Zaballero, raised the issue after securing a certification from Pasaylo that the PB authorized Garcia to enter into a memorandum of agreement for the purchase of the Balili property but the legislative body did not ratify the agreement after this was signed.
“The fact that there is no ratification is evidence that the Province of Cebu does what is legal and what is regular under the law,” Sepulveda said.
Sepulveda explained that before the governor can enter into a contract for and in behalf of the Province, the law requires prior authority in the form of a resolution or a budget or of any collegial act of the Sangguniang Panlalawigan.
“Kanang gibuhat sa atong gobernador has prior authority that is why there is absolutely no need for ratification,” he said.
The act of ratification is not the statutory requirement, it is just a legal act to cure an otherwise defective act of a chief executive, he said.
“Kung ang chief executive mo-enter og kontrata dayun magpa-ratify pasabot ana wa siya motarong og subay sa balaod but still it is legal because the subsequent ratification can be considered an authority,” Sepulveda said.
Sepulveda emphasized that all acts of the governor has prior authority and does not need any ratification.
“I check with our legal, our legal cannot even think of a situation where we have to require a ratification because everything is in order,” Sepulveda added.
The Province of Cebu bought the 247,330-square meter Balili property in Naga City for P98.9 million. Later it was found that 80,194 square meters of the titled property is submerged while 14,402 square meters were planted with mangroves.
The anti-graft office is now investigating the said transaction. The Province had filed a petition before the court to recover the amount representing the submerged portion. – (FREEMAN)