BAÑOC
Cebu Gov. Hilario Davide III is reportedly angry with the latest controversy at the Capitol involving his trusted lieutenants Provincial Administrator Mark Tolentino and acting chief of the Provincial General Services Office (PGSO) Jone Sepe.
The two officials are allegedly using some Capitol employees for a private mission and taking Capitol properties such as culverts and vehicles for private use and benefits.
The allegations are substantiated with evidence.
To controvert the same is not easy.
Let me revisit the answers given by the two officials to the media in relation to the incident. Tolentino said the reported 20 Capitol job order employees who worked for a private mission, were actually paid by the homeowners’ association.
He explained that they hired these employees during their day off to do the job because he knows the quality of their work.
Tolentino admitted using the Capitol properties in a drainage project of the village where he lives and serves as the homeowners’ association president in Barangay Banilad, Cebu City.
But he clarified that the culverts were donated by the provincial government to their subdivision, Saint Michael’s Village.
He admitted that he requested the provincial government to donate these materials.
PGSO acting chief Jone Sepe, for his part, clarified that a Request Issuance Slip (RIS) was released to document the donation.
He said that the culverts stocked at the Balili property are already considered as “waste property” as these had remained unused for more than 10 years already.
He added that there is a mandatory ruling by the Commission on Audit (COA) that the said properties have to be disposed.
The options, he said, are either sell, auction, donate or destroy the said properties.
Sepe also explained that the provincial government vehicles that were used to ferry the culverts from the controversial Balili property in Naga City to Cebu City was part of the approved donation request.
Scrutinizing the answers given by the two high ranking officials in relation to the evidence obtained by the media would inevitably lead to the following questions: Why there were biometrics data of the job order employees at the Capitol during the dates when they worked at the private subdivision?
Why were they required to use biometrics scanner to register their daily attendance at the Capitol, including weekends and holidays if indeed the homeowners’ association paid them?
Talking of donation, Tolentino, being a lawyer, is presumed to know the law governing donations as provided for by the Civil Code of the Philippines.
It is presumed that he knows the persons who can validly make a donation.
It is presumed that he knows the requisites of donation. It is presumed that he knows that movable property with a value of P5,000 and above must be covered by a written document.
Of course, Tolentino knows that Sepe is not the owner of the culverts, but the provincial government. So where did he address his letter request?
Did he forget that the provincial government, being a juridical person can only enter into a contract represented by the governor with the authority of the Provincial Board?
Did he not know that Sepe, a mere acting chief of PGSO, cannot make a donation for and in behalf of the provincial government?
Can Tolentino present a deed of donation to substantiate his claim? If no, then there is no valid donation. If yes, who is the signatory as donor? Is it Sepe?
Did it not occur to both Tolentino and Sepe that there are towns that would need the culverts? Did they not know that they are the priorities as compared to a private subdivision that is not even within the jurisdiction of the province?
As regard to Sepe’s claim that what they did was in line with the COA’s ruling, then why did COA issue a memorandum directing them to explain why they will not be held liable for graft and corruption?
Is Sepe trying to mislead the Cebuanos?
With the latest controversy, what should Gov. Davide do aside from telling the media that he got angry with Tolentino and Sepe?
Is it not a fact the same names of people were involved in the controversial purchase of heavy equipment?
Granting for the sake of discussion that Governor Davide is a good person, he still needs to be reminded of a popular quote which states, “For evil to triumph it is enough for good men to do nothing.”