OMBUDSMAN Conchita Carpio-Morales in a statement on Monday said she has ordered the dismissal from the service of House Deputy Speaker and 3^rd District Representative Gwendolyn F. Garcia for grave misconduct, in connection with a P98.9-million purchase of “the controversial Balili property” in Naga, Cebu, when she was provincial governor.

According to the statement, the said property, bought in 2008, is “a sprawling 249,246 square meter lot, (of which)….(l)ocal authorities later discovered that 196,696 square meters of the property were underwater and part of a mangrove area.”

“In 2012, the local government conducted a public bidding ‘for the supply and delivery of backfilling materials and other incidentals of its submerged and mangrove portions,’” the statement noted, adding that the project was awarded to Supreme ABF Construction “as the lowest calculated and responsive bidder with a total tendered bid of P248.75/cubic meter.”

The statement further noted that, based on records, the provincial government released a total of P24.5 million to the winning contractor. But, “(u)pon scrutiny, the Ombudsman found that Garcia had no authority from the Sangguniang Panlalawigan when she entered into contracts with ABF Construction.”

“While this Office finds merit on her assertion that the P50-million allotment for the airport/seaport and other economic enterprise site development program (a capital outlay expenditure that was carried over to the 2012 Annual Budget of the province), was a valid source of appropriation for the Balili project, such appropriation did not validly confer authority to respondent Garcia to enter into a contract with ABF Construction for the Balili project.”

“She failed to point out the specific provision in the appropriation ordinance which supposedly authorized her to enter into the contract,” the statement also noted, citing the Ombudsman’s Jan. 15 decision.

“Garcia violated Sections 46 and 47, Chapter 8, Subtitle B, Title I, Book V of the Administrative Code of 1987 and Section 86 of the Government Auditing Code of the Philippines which proscribe entering into a contract unless a certification of appropriation and fund availability for the expenditure is issued. It is undisputed that the [certification of available funds] was issued only after the [second] contract was entered into by respondent Garcia.”

A co-respondent of Ms. Garcia, accountant Emmanuel Guial, was found guilty of simple neglect of duty “for certifying in the subject [disbursement vouchers] that the supporting documents are complete when in fact they lacked the required authority from the SP for respondent Garcia to enter into contract.”

On the other hand, dismissed for lack of merit were administrative charges against Bids and Awards Committee Chairperson Marivic Garces; Vice-Chairperson Bernard Calderon; members Manuel Purog, Emme Gingoyon, Ma. Junelene Arenas, Cristina Giango, Rosalinda Jao; and Acting Provincial Treasurer Roy Salubre.

The Ombudsman said the dismissal order carries the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits.

Ms. Morales also directed that a copy of the decision be furnished, for appropriate action, to House Speaker Pantaleon D. Alvarez.

Interviewed by reporters, Mr. Alvarez said he will “definitely not” implement the dismissal order against Ms. Garcia. “In fact, it is not within the power of the Ombudsman to discipline, much more to remove any member of the House of Representatives. So, pag ginawa ko ’yan (if I do that), I would be violating the Constitution. Since, merong nakalagay sa Constitution na kami lang may kapangyarihan (only the House is empowered by the Constitution) to discipline (and remove its) remove members from the House of Representatives.”

He noted that the dismissal order is “late,” being applicable only to Ms. Garcia’s tenure as Cebu governor.

Ms. Garia, when interviewed by reporters, said, “The timing is rather suspect, it does seem as though the Ombudsman has singled me out in the act that was done when I was still governor several years ago, and you rather wonder whether this was purposely done, precisely because as you saw, I am very active in this committee hearing against Chief Justice Sereno.”

“I will not touch on the merits of the (order),…and I shall leave it to the sound judgment and wisdom of the House leadership, headed by Speaker Pantaleon Alvarez,” she also said.

House Majority Leader Rodolfo C. Fariñas, for his part, said, “Nasa rules namin ’yan. (We have rules on that.) Any orders coming from the court or whatever administrative bodies, we have to first determine, is the order valid? Is it relevant to our rules and everything? So ire-refer muna namin ’yan sa plenary. (So we will refer this to plenary.)”

He also pointed out the case of Senator Joel Villanueva’s dismissal by the Ombudsman, but “the Senate did not (remove) him.” — with Minde Nyl R. dela Cruz

By Camille A. Aguinaldo

WITH 19 affirmative votes, the Senate on Monday passed on third and final reading a bill seeking to completely ban hazing as a prerequisite for admission into a membership of a fraternity, sorority or organization.

Senate Bill No. 1662 or the act amending Republic Act 8049 to strengthen the law on hazing and regulate other forms of initiation rites was introduced by Senators Gregorio B. Honasan II, Sherwin T. Gatchalian, Loren B. Legarda, Paolo Benigno A. Aquino IV, Panfilo M. Lacson, Emmanuel Joel J. Villanueva and Vicente C. Sotto III.

It was sponsored by Mr. Lacson and co-sponsored by Senators Gatchalian and Juan Miguel F. Zubiri

“Hazing needs to stop now. Awareness must be raised as to the fact that there is no unity, no brotherhood, no strength, no honor and no respect in hazing. It is merely violence,” said Mr. Lacson, chair of the Senate committee on public order and dangerous drugs, in a statement.

The families of hazing victims University of Santo Tomas law student Horacio T. Castillo III and De La Salle-College of Saint Benilde student Guillo Cesar Servando witnessed the bill’s approval and handed white roses to senators as a symbol of gratitude.

It was Mr. Castillo’s death due to hazing which prompted a legislative inquiry and proposals to amend provisions of the Anti-Hazing Law.

In the amended version, the bill defines hazing as any physical or psychological suffering, harm or injury inflicted on a recruit, member, neophyte or applicant for admission or continuing membership into the fraternity, sorority or organization.

The proposed measure sought to ban all forms of hazing in school fraternities, sororities, organizations as well as those in the community or other associations, including the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.

Mr. Lacson said the bill also expanded the coverage of hazing to include paddling, whipping, beating, branding, as well as any other brutal treatment or forced physical activity which would likely adverse the physical and psychological health of the applicant.

Fraternities, sororities and organizations were also required to submit an application to school authorities of their detailed initiation rites seven days before the scheduled activity. School representatives should also ensure that no hazing is done in an initiation rite.

“The bill also requires the appointment and identification of advisers, who will be presumed to have knowledge and consent to the commission on any unlawful act in the violation of the Anti-Hazing Law,” Mr. Lacson said.

The bill also introduced stiffer penalties for hazing, imposing a punishment of reclusion perpetua and a P3-million fine to persons who participated in hazing resulting in death, rape, sodomy or mutilation.

Members of a fraternity who participated in the hazing would suffer the penalty of reclusion temporal and a P1-million fine. If they were under the influence of alcohol or illegal drugs, the penalty of reclusion perpetua and P2-million fine will be handed down.

Penalties would also be imposed on persons who had knowledge of any hazing acts but fail to report to authorities, those found guilty of obstructing investigation, school authorities if they failed to prevent hazing or if they consented, those who force another person to join a particular organization, the owner of the place where hazing is conducted, and local officials.

If convicted of the crime, the person’s hazing offense will reflect on his or her scholastic record, personal or employment record.

By Patrizia P. C. Marcelo

THE LAND Transportation Franchising and Regulatory Board (LTFRB) has increased the number of ride-sharing vehicles in order to meet demand.

In its new memorandum circular (MC), which revises a previous MC, the LTFRB increased to 65,000 its common supply base for transport network vehicle services (TNVS) in Metro Manila (from 45,000), to 1,500 in Metro Cebu (from 500), and to 250 in Pampanga (from 200).

The LTFRB revised its figures after considering factors like the number of active and inactive TNVS, and churn rate.

Board Member Aileen Lourdes A. Lizada said in a press conference that the number will be able to serve at least 75% of requested bookings per day, against the 60% served by transport network companies (TNCs) Uber Philippines (Uber Systems, Inc.) and Grab Philippines (MyTAXI.PH, Inc).

Hatchback models, which were prohibited in the previous order, will be allowed for a transition period of three years. However, they will not be allowed to operate in Laguna, Bulacan, Rizal, and Cavite. They will also be charging lower fares.

The new MC will be effective by the end of the month. The LTFRB on March 5 will resume processing of pending TNVS applications, postponed last July.