Ilocos Town Officials Sued At Ombudsman For Realigning P9M Unused Funds

December 10, 2020 JUST IN

BAGUIO CITY (December 10, 2020) – Narvacan, Ilocos Sur mayor Luis “Chavit” Singson, Vice Mayor Pablito Sanidad Sr., and 9 town councilors including town administrator Pablo Sanidad II, were sued before the Ombudsman in connection with the realignment of an aggregate P9M worth of unused funds for tourism, socio-cultural projects and activities.
The Local Government Code, particularly citing section 322 and 336, prohibits the realignment of unspent funds, Narvacan resident Estelita Cordero, a lawyer, claimed before the Ombudsman.
Section 322 of the LGC (on Reversion of Unexpended Balances of Appropriations, Continuing Appropriations) states that “balances of appropriations authorized in the annual appropriations ordinance shall revert to the surplus of the general fund at the end of the fiscal year and shall not thereafter be available for expenditure except by subsequent enactment.” That law further clarifies,
“However, appropriations for capital outlays shall continue and remain valid until fully spent, reverted or the project is completed. Reversions of continuing appropriations shall not be allowed unless obligations therefor have been fully paid or otherwise settled.”
While Section 336 of LGC mandates the use of appropriated funds and savings “shall be available exclusively for the specific purpose for which they have been appropriated.”
No ordinance shall be passed authorizing any transfer of appropriations from one item to another, it added.

Though the LGC allows the local chief executive or the presiding officer of the Sanggunian concerned “may, by ordinance, be authorized to augment any item in the approved annual budget for their respective offices from savings in other items within the same expense class of their respective appropriations.”
Narvacan on December 9, 2018, appropriated P191,156,498 for fiscal year 2019, and the municipal government allocated P25,151,299.60 for development projects.
But on November 14, 2019, the Sangguniang Bayan enacted Appropriation Ordinance No. 05-SS (Series of 2019) authorizing the realignment of unexpended balances of three appropriations (totaling to P9,000,000.00) for tourism and socio-cultural programs, projects and activities. It was approved by Mayor Singson.
In the Management Letter by the Commission on Audit (COA) on the town for the period ending December 31, 2019, specifically Title IV, Utilization of 20% Development Fund, paragraph no. 25, it cited the realignment “as being prohibited under Section 322 and 336 of the Local Government Code.”
Cordero stressed in her complaint before the Ombudsman that “the act of respondents in enacting an ordinance that authorized a transaction that is prohibited by law is tantamount to Acts Prejudicial to the Best Interest of the Service, Grave Misconduct and Gross Neglect of their Sworn Duty.”
The lady lawyer further claimed that “the realignment of the abovementioned fund was used for expenditures not allowed under Section 3 of the DILG-DBM Joint Memorandum Circular No. 2017-01 dated February 22, 2017.”
Cordero complained that Narvacan Administrator Sanidad II, who is also a lawyer, being the officially designated representative of Mayor Singson, “took charge and is responsible for the disbursement of funds including signing for checks of said illegally realigned funds for activities during the 2019 town fiesta not allowed by law.”
She also asked the Ombudsman to suspend Mayor Singson, VM Sanidad Jr., Administrator Sanidad II, Councilors Jovenniano Ampo, Reina Alexa Antolin, Loreto Caballes, Emiliano Zaldy Clarin, Charito Copioso-Viloria, Bernadette Cauton-Lim, Edna Cabalo-Sanidad, Joseph Tejada, and SK Federated Pres. Joemar Grey Cabico for not more than 6 months after a strong guilt is determined, while all documents on the realigned funds be brought to the Office of the Ombudsman.
Only Mayor Singson so far issued a statement denying there was any fund realignment. “Madi agpaypaysu dayta” (There is not truth to that), he belied in native Iluko.
He though said he has not received a copy of the complaint, but vowed counter-charges against Atty. Cordero, whom he earlier charged with cyber-libel for allegedly peddling falsehoods at facebook against him and his administration.
Artemio A. Dumlao