Atinado stays firm: Transaction with City dad illegal
City Budget Officer Ninda Atinado said she just wants to make sure everything is in order regarding the transaction of City Councilor Eduardo Peñaredondo with the city government reason why she withheld the release of of funds for said transaction.
Atinado stood firm on her belief that the transaction between the city government and Peñaredondo is illegal. The city budget officer admitted she is not a legal expert but based on their legal research the transaction is a gross violation of Article 179 of the Implementing Rules of the Local Government Code.
Article 179 deals on the prohibited business and pecuniary interest. "It shall be unlawful for any local government official or employee whether directly or indirectly to engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision, or with any of its authorized board, officials, agents or attorneys whereby money is to be paid or property or any other thing of value is to be transferred, directly or indirectly out of the resources of local government to such person or firm," states Article 179.
She added only the legal opinion from the City Legal Office and the Commission on Audit (CoA) can change her stand. Atinado said she asked for additional days to decide on the matter as she is still waiting for the legal opinion of Atty. Viola Villanueva, of the CoA regional office.
City Legal Office chief Atty. Edgar Gil, in the other hand, believes the transaction should have been made through an expropriation. Expropriation proceedings can be made if the owner and the government do not agree on the selling price.
Atinado said they have already sent a letter of inquiry to Atty. Villanueva last January 22, 2007 regarding the payment for Peñaredondo's 3,606 square meter lot. The lot was sold to the city government for P400 per square meter. The entire property costs P1,442,400. The property was used as right of way for the city's relocation site in Sooc, Mandurriao.
The transaction between the city government and Peñaredondo was made after the Sangguniang Panlungsod concurred with it by means of a resolution.