Provincial legal office says release PDAF from Capitol coffers

CEBU, Philippines - The Provincial Legal Office has recommended the release of all Priority Development Assistance Funds of some lawmakers, now at the provincial coffers, to the intended beneficiaries.

Provincial Legal Officer Orvi Ortega issued his opinion following the query of Provincial Accountant Marieto Ypil relative to the PDAF which were channeled to the local government from 2010 to 2012.

The query stemmed from the resolution of the Supreme Court restraining the release of the remaining PDAF allocated to members of Congress under the General Appropriations Act of 2013.

Ortega said that it is very clear and apparent that the subject temporary restraining order covered only the remaining PDAF under the GAA of 2013.

“Precinding from the foregoing disquisition it follows as a matter of logic that PDAF for FY 2010 to 2012 already released and channeled to LGUs like the Province of Cebu is not within the ambit of the above-mentioned Temporary Restraining Order issued by the Honorable Supreme Court relative to the above-cited cases,” said Ortega in his letter to Ypil dated Sept. 23, 2013.

Ortega said that aside from being specific, it is likewise a basic precept in the law that the TRO is directed to future acts or acts yet to be executed with the end in view of obviating possible irreparable injury.

“As such, those acts already consummated or performed prior to the issuance of a TRO is not more covered,” Ortega added.

Among the PDAF channeled to the provincial government is the P72.8-million of former Cebu second district congressman Pablo Garcia.

Garcia, who lost in his re-election bid last May, wanted the fund deposited as a trust fund at the Capitol to be returned to Congress.

Garcia earlier asked his daughter, now third district Rep. Gwendolyn Garcia, to return the funds when the latter returned to office days before her term ended on June 30, 2013 after her six-month suspension expired on June 17.

Gwendolyn tried to release the P72.8-million during her last day in office at the Capitol, but she was not able to because of the absence of a provincial treasurer who could sign the voucher.

Pablo sought the assistance of the Office of the Ombudsman-Visayas to investigate Vice Governor Agnes Magpale for allegedly withholding the checks as financial assistance to the different municipalities of the second district when the latter assumed office as acting governor last December following the suspension of Gwendolyn.

Magpale earlier said that she was just being careful about the release of checks out of the PDAF of Pablo.  (FREEMAN)