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Bacolod City, Philippines Thursday, July 26, 2012
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CA reverses Ombudsman
ruling vs.17 Silay officials
BY CARLA GOMEZ

The Court of Appeals 18th Division in Cebu City has set aside a decision of the Office of the Ombudsman ordering the suspension of 17 officials of Silay City for eight months and one day.

The June 25 decision of the CA signed by Executive Justice Pampio Abarintos, a copy of which was furnished the media yesterday, also reversed the Aug. 3, 2010 decision of the Ombudsman stating that the 17 had committed conduct prejudicial to public service.

The Ombudsman’s decision was based on a complaint filed by Silay residents Jose Lindy Chan and Jojo Sumiller against the 17 for the alleged anomalous P18 million computerization project of the Silay City government.

But the CA said that, based on the evidence presented, the petitioners were able to sufficiently prove that the computerization system procured from Systems and Plan Integrator and Development Corp. were of proprietary nature and that direct contracting as an alternative mode of procurement was justified.

The CA also found that the ICT provider not only had the copyrights to specific programs that Silay City needed, but also offered them at the lowest cost.

Upon careful scrutiny of the records and documents presented, the officials of Silay City correctly followed the procedures as outlined in the Government Procurement Policy Board Manual with respect to direct contracting, the CA added.

The CA also cited evidence presented showing that after the computerization project was implemented, it redounded to the benefit of the local government unit as shown by a marked improvement in revenue generation and various awards received by the city in terms of collection efficiency.

The Court also took judicial notice of the Commission on Audit inspection report which found that the mode of procurement of the ICT Project was found to be in accordance with the Manual of Procedures for the Procurement of Goods and Services.

The 17 should have been commended for taking strides in improving the revenue collection system in their LGU, instead of being sanctioned, otherwise other LGUs would be wary to taking initiatives to increase the efficiency of their services even if they followed the correct procedures, the CA said.

“Stagnancy in administration would make the future of local governments very bleak indeed,” the CA said,

The 17 are City Administrator Ignacio Salmingo, City Treasurer Elsie Jimenea, City Accountant Emmanuel Arsenal, Bids and Award Committee chair Kara Aimee Quevenco;

BAC members and staff Pepito Hechanova Jr., Alma de la Cruz, Ricardo Ledesma Jr., Sonia Cordero, Rene Roy Pahilanga, Giovanni Guzon, Jesus Oppus, Arnie Trajera, Jose Genaro Estrañero, Macarse Tionko, Armin Paredes, Alore Golez and Vilma Dooma all of the Silay City government.

Salmingo said they were suspended on June 28, 2011 and returned to work in March 2012.

With the CA ruling, he said they are entitled to back wages for the eight months that they were suspended.*CPG

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