Philippines News

The Supreme Court has released the list of local testing centers for the 2023 Bar examinations.

AUTHORITIES RAISED Mayon Volcano to Alert Level 3 on June 8 after it showed an increased likelihood of hazardous eruption and potential explosion within weeks or even days. The alert level triggered the immediate evacuation of residents within the six-kilometer radius permanent danger zone (PDZ), while those living inside the seven-kilometer radius were told to prepare to evacuate.

Since then, Mayon Volcano has b

(Istanbul, July 12, 2023) - An opinion by a prosecutor at Turkey's top court of appeal asking the court to uphold the conviction of jailed rights defender Osman Kavala and his codefendants in the Gezi trial is completely devoid of legal reasoning and perpetuates a deep injustice, Human Rights Watch said today.

The prosecutor's opinion on the case curren

THE Commission on Audit (COA) has flagged the Municipality of Dumanjug in southwestern Cebu for rounding off the total contract cost of the town’s new public market to P300 million from the approved budget for the contract (ABC) of only P299.468 million, as well as for awarding the project to a contractor whose bid exceeded the approved budget by P419,712.

COA said this indicates the failure of the Municipal Hall to abide by the provisions set in determining the ABC per Procurement of Manual for Local Government Units (LGUs) and that the proper conduct of bidding process was carried out insufficiently.

However, Dumanjug’s municipal engineer maintained that the summation of costs which was rounded off to P300 million still complied with the law.

COA’s observation

COA noted that the LGU’s rounding off of the contract cost from the ABC with a difference of P531,712 is contrary to the Procurement Manual for LGUs Volume 3.

COA recommended that the LGU write an explanation or justification why it rounded off the total contract cost in determining the ABC to avoid audit suspension or disallowance.

The LGU was also asked to explain why it should not be held liable for its inability to verify the correctness of the computation in the financial bid proposal.

Section 3.1 of the Procurement of Manual for LGUs Volume 3 provides that in determining the ABC, if the sum of the different cost components is lower than the appropriation for the procurement, then the ABC should be equal to the sum of the cost components.

The manual further stipulates that if the resulting sum is higher than the appropriation, it is advisable to review the technical specifications and the computation of the ABC. In any case, the ABC should not exceed the appropriation, the manual states.

Management’s response

Responding to COA, Dumanjug’s municipal engineer explained that the summation of costs was rounded off to P300 million being the ABC for the project, pointing to the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.

Section 4a of the Procurement and Implementation of Contracts for Design and Build Infrastructure Projects of the updated 2016 Revised IRR of RA 9184 states that the “ABC shall be a lump sum amount that shall cover the cost of design and construction works based on the conceptual design and performance specifications and in accordance with applicable provisions of the law or agency guidelines.”

The LGU also explained that the breakdown of costs for prospective workable items was based on the rough estimate of the minimum quantities in relation to the conceptual design.

“We need to specify quantities, especially on the needed floor area, in order for the winning bidder not to design lesser than the required minimum,” the LGU explained.

“The winning bidder may design the proposed public market with areas higher than what was specified and for that reason, we cannot fix the exact amount, hence, we arrived with a lump sum ABC at P300 million,” the LGU added.

But according to COA, nothing in the RA 9184 IRR provision allows rounding off of the ABC to the nearest hundred million.

“The difference of the ABC of P299,468,288 and the rounded-off figure of P300 million in the amount of P531,712 is a very significant amount,” the state auditors noted.

In excess of ABC

Meanwhile, the town’s move to award the contract to a contractor who exceeded the ABC is a violation of the 2016 Revised IRR of Republic Act 9184 or the Government Procurement Reform Act, according to COA.

COA said the upward adjustment of the ABC due to the failure of bidding may be done only if there has been a failure of bidding for the second time due to all bids submitted exceeding the ABC or no bids having been submitted, or failure in the negotiated procurement after two failed biddings, and if there has been previous modification of terms, conditions and specifications of the project.

COA explained that RA 9184 provides that the ABC shall be the upper limit for acceptable bid prices.

“If a bid price, as evaluated and calculated in accordance with this IRR, is higher than the ABC, the bidder submitting the same shall be automatically disqualified,” COA stated.

12 percent VAT

The state auditors also noted that Dumanjug Municipal Hall used 12 percent value added tax (VAT) instead of five percent in preparing the ABC for the project that involved the design and build of Dumanjug new public market Phase 1, resulting in an excess of seven percent or P18.717 million, contrary to the Department of Public Works and Highways (DPWH) Department Order 197, series of 2016, and increasing the amount of the ABC.

COA stated that item B.5 of the DPWH DO provides that VAT component for public projects shall be five percent of the estimated direct cost (EDC), overhead, contingencies, and miscellaneous expenses and profit.

The P299.468 million budget for the first phase of the new public market included the following items: (a) Design Phase - P3.4 million for preliminary investigations and P11.5 million for general requirements, and (b) Construction Phase - P120,096,000 for serviceable areas, P107,086,400 for public areas, P14.7 million for concrete pavement, P3.6 million for open spaces, P7 million for design, engineering and supervision, and (c) P32,085,888 for the 12 percent (VAT).

But COA said had the LGU applied the proper VAT of five percent of only P13.369 million, the ABC for the project should have only been P280.751 million.

Management’s reply

Dumanjug municipal engineer explained that the DPWH department order covers only those under the supervision and control of the secretary of the DPWH and that Dumanjug is not covered by such.The LGU said it derives its autonomy under RA 7160 or the Local Government Code of 1991.

The LGU added that the application of 12 percent VAT is in consonance with Bureau of Internal Revenue (BIR) memorandum circular 85-2017 dated Oct. 11, 2017, clarifying the imposition of the appropriate VAT rate to be used in the preparation of the ABC.

In its rejoinder, COA stressed that the fiscal autonomy of the LGU should align with the existing rules and regulations by other government regulating bodies such as the DPWH for uniformity and consistency.

The state auditors, however, said they will prepare a written query to clarify what appropriate VAT rate should be used in preparing the ABC in light of the conflicting VAT rates provided in DPWH DO 197 and BIR Memorandum Circular 85-2017.

THE Land Transportation Office (LTO) 7 said only three motorcycle-hailing applications are authorized to carry passengers within the region.

LTO 7 Director Glen Galario said this during an interview on SunStar’s news and commentary program, “Beyond the Headlines.”

The three authorized apps are Move It, Angkas and Joyride. Other motorcycle hailing apps are allowed to deliver goods but not passengers.

The three apps are authorized by the government for the pilot study of motorcycle taxis in Metro Manila, Metro Cebu and Metro Davao.

Maxim, though allowed to operate as a delivery service application, is not allowed to pick up passengers as a motorcycle-for-hire or “habal-habal” service.

Galario said violators will have their vehicles impounded and will pay a fine of P6,000 while passengers are not liable.

Move It, which was recently acquired by Grab Holdings Inc., was the latest ride hailing app authorized by the government.

Wayne Jacinto, general manager of Move It, said in a press conference that they plan to register a total of 3,000 riders in Cebu, which is the cap on the number of riders per app.

In May 2023, Eduardo Montealto Jr., director of the Land Transportation Franchising and Regulatory Board (LTFRB) 7, said habal-habal drivers should join accredited ride-hailing operators to ensure they are ready when government regulates their operation.

According to Montealto, it is necessary to regulate habal-habals to ensure safety on the streets, especially while carrying passengers. He said riders must undergo road safety seminars and examinations, which are required when joining a ride-hailing operator.

Galario called on commuters to make formal complaints or send affidavits to their office instead of just posting on social media to ensure that proper action is taken.

THE National Museum of the Philippines (NMP) has clarified that the 40-foot Lapulapu statue, also known as the “Sentinel of Freedom,” located at Rizal Park in Ermita, Manila, will not be relocated.

Contrary to speculations, it will only undergo “restoration and re-erection,” according to a statement released by the NMP on Monday, July 10, 2023.

“The NMP assures all who might be concerned with the monument’s location that it will be re-erected in the same area of Rizal Park,” read part of the statement.

Former senator and tourism secretary Richard Gordon raised concerns during an online conference with the Cebu media last Sunday, July 9, that the monument would be moved to Malate, Manila.

Gordon earlier alleged that NMP Director General Jeremy Barns met with Juan Sajid Imao, the sculptor of the monument, to inform him of the plans to relocate the huge statue out of the heritage park.

Gordon, who is chairman and chief executive officer of the Philippine Red Cross, appealed to Filipinos, especially Cebuanos, to oppose this alleged initiative by the NMP.

The monument was unveiled in 2004 during Gordon’s tenure as secretary of the country’s Department of Tourism.

The monument, which depicts Lapulapu standing guard, is a gift from South Korea to the Filipino people through the Korean Freedom League headed by its chairman Kwon Jung-dal, a retired army general.

First phase

The NMP acknowledged in the statement that in order to conduct preservation work, the monument would need to be dismantled.

They said structural issues within and beneath the monument require the monument’s restoration.

As soon as preliminary work on the monument’s base is finished, the first phase, which involves dismantling the monument, will begin.

“This delicate work, and the later reassembly of the sculpture, will be undertaken by the artist himself and his team,” the NMP said.

Second phase

The re-erection of the monument will be the next step after restoration. The plans will be developed in consultation with concerned agencies including the National Historical Commission of the Philippines and other stakeholders.

The NMP said they will make sure that the main goal in improving the monument’s setting is to convey its intended symbolism even more effectively and to appropriately express the quincentennial or five hundred years of Philippine history.

The NMP also committed to publish the full information after this is completed and given regulatory clearance before the re-erection of the rebuilt monument, which is scheduled and budgeted for 2024.

“The NMP is excited to share the exact details and designs,” it said.

Chans’ reactions

Lapu-Lapu City Mayor Junard “Ahong” Chan said in a press conference Monday, July 10, that he would refrain from commenting on the issue, as he had not received any communication from the NMP regarding its plans.

Chan said he intended to contact the NMP to seek clarification regarding the status of the monument.

He expressed concern upon seeing a picture showing the current condition of the monument’s base and emphasized the urgent need for restoration to prevent any potential accidents.

For her part, Rep. Cindi King Chan of the lone district of Lapu-Lapu, also the mayor’s wife, said it was no longer a problem as the NMP already released a statement.

“It’s already a non-issue because the statue will not be transferred. It just needs restoration work and it would still be on the same site,” she said.

Gordon has not yet responded to the NMP’s statement, as of this writing.

THE Cebu City Police (CCPO) filed a case on Friday July 7, 2023, against two people involved in the assault against Dr. Charles Sia, 41, on Wednesday, July 5, inside his dental clinic on Queens Road, Barangay Kamputhaw.

CCPO Director Col. Ireneo Dalogdog did not identify the accused but said that a case for serious physical injuries was filed against them. He said the two perpetrators were identified by the victim and his secretary.

Police are looking into a conflict concerning the victim’s lending business as one of the possible motives for the attack.

Dalogdog said the doctor sued three women who owed him money in court. Two of the cases were dismissed, but one case prospered.

Sia and his secretary, Rose Rosell Bardisco, told police in a statement that the boyfriend of the woman who owed him money, along with an accomplice, were the ones responsible for last Wednesday’s attack.

The woman, though, was not charged because she was not involved in the crime.

Before Sia’s attack, the men entered his clinic, pretending to deliver an item to the dentist. One of the accused was dressed in a black jacket, while the other in a green one. They were both wearing masks.

The accused in green jacket pulled out a weapon and barged inside the doctor’s room where a foreigner was being operated on, according to Bardisco.

The accused tied the hands of the victim, Bardisco and the patient. Afterwards, they struck the victim’s eyes with a blunt object until they bled.

Dalogdog said security has been provided to the victim who is still under observation in a private hospital in Mandaue City because the accused are still at large and are believed to still be in Cebu.

Dalogdog said they are waiting for the warrants to be released so that police can arrest the two men. He said they considered the case closed.

Sia remains in stable condition; although his doctor said he suffers from blurred vision in one eye because it is still swollen. Sia can see clearly with his other eye. (AYB / WITH CNU INTERN JUDIE LIZA ALANTOSON)