Distribution of vehicles an executive dep’t decision

CEBU, Philippines - Cebu City Vice Mayor Edgardo Labella said that the distribution of the vehicles to the barangays in the city is the discretion of the executive department.

However, he stressed that the important thing to consider is that the vehicles brought by the city government should primarily be used for official purposes only.

The controversy emerged when the City Council questioned the General Services Office last Wednesday on why some barangay captains are asking for pickup vehicles when, based on the list of the GSO, they were already given one.

City Councilor Margarita Osmeña said that the city allocated P80 million from the 2012 budget for vehicles to be distributed to the 80 barangays.

In a public hearing, it reportedly appeared that majority of the vehicles were assigned to the allies of Mayor Michael Rama.

With this, the Bando Osmeña Pundok Kauswagan-dominated council asked the GSO to revisit its policy in assigning vehicles to barangays.

“So, what I would advise is that whether regardless of whose given the official custody should see to it that these official vehicles should only be used for official purpose,” Labella said.

GSO chief Dionisio Gualiza was invited to appear before the City Council after City Councilor Gerardo Carillo inquired on the whereabouts of the vehicle given to Barangay Pahina San Nicolas that was issued to Barangay Councilor John Paul Go.

Carillo asked on where the vehicle is considering that John Paul Go was defeated in the last election.

City Council members expressed surprise during the hearing when Gualiza said the vehicle was turned over to City Councilor Mary Ann Delos Santos, an ally of Rama.

Delos Santos said that she was also surprised because she does not know where the service vehicle she is currently using came from.

With this, Carillo said someone should be held liable, saying that this is a case of technical malversation since the City Council has appropriated something for the barangay but was used for another purpose which is not intended in the budget ordinance.

However, Labella, a lawyer by profession, did not agree with Carillo.

“Technical malversation is the layman’s term of illegal use for public funds that is defined and penalized in the Article 220 of the Revised Penal Code,” Labella said.

Revised Penal Code Article 220 - Illegal use of public funds or property states that “any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.”

“There is no dispute since it was given to the barangays. So, the purpose for which the vehicles were purchased for the barangay. How could that be illegal use for public funds,” Labella said, adding that maybe there is a question to whom the vehicle is given but that does not constitute to the illegal use of public funds.  (FREEMAN)