facebDr. Jose Rizal St. Pob. 1 Carcar, Cebu Dec.

11, 2010

Vice Mayor Mario Patricio Barcenas Presiding Officer Sangguniang Panglungsod Carcar, Cebu Sir, Considering Rule VI, Rule IX, Rule XVII and Rule XIX of The Rules and Regulations Implementing The Local Government Code of 1991 otherwise known as Republic Act No. 7160 and the Implementing Rules and Regulations of Republic Act No. 9184 otherwise known as the Government Procurement Reform Act (IRR-A) which stipulate: Rule VI Eminent Domain Article 35 Offer to Buy and Contract of Sale d) The contract of sale shall be supported by the following documents: 1.) Resolution of the Sanggunian authorizing the local chief executive to enter into contract of sale. The resolution shall specify the terms and conditions to be embodied in the contract. 2.) Ordinance appropriating the amount specified in the contract. 3.) Certification of the local treasurer as to availability of funds together with a statement that such fund shall not be disbursed or spent for any purpose other than to pay for the purchase of the property involved. The Sangguniang Panglungsod should strictly enforce these guidelines. The local chief executive enter into contract of sale without complying the above guidelines therefore the contract of sale is felonious, unlawful and unconstitutional. Rule IX Corporate Powers and Corporate Seal Article 47 How Exercised (a) Unless otherwise provided in the Code, no contract may be entered into by the local chief executive in behalf of an LGU without prior authorization by the Sanggunian. As public official you should strictly comply with the Local Government Code.

Rule XVII Local Legislative Bodies and Local Legislation Article 112 Enforcement of Ordinances or Resolutions After Disapproval by Reviewing Authority Any attempt to enforce any disapproved ordinance or resolution adopting the Local Development Plan and Public Investment Program. After disapproval by the local chief executive or by the reviewing authority shall be sufficient ground for the suspension or dismissal of the official or employee concerned. Despite that the resolution authorizing the local chief executive to purchase the land intended for the Diversion Road was disapproved by Sangguniang Panglungsod but still he enforced the purchase of the land. This is a blatant affront to the presiding officer and councilors as well. Rule XIX Disciplinary Actions Article 124 Grounds for Disciplinary Actions

a) An elective local official may be censured reprimanded, suspended, or removed from office after due notice and hearing on any of the following grounds: 1) Disloyalty to the Republic of the Philippines 2) Culpable violation of the Constitution 3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty. 4) Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor which is from six (6) years and one (1) day to twelve (12) years imprisonment 5) Abuse of Authority As public official you must respect, observe and implement the code so as not to enforce disciplinary actions. Implementing Rules and Regulations of Republic Act Government Procurement Reform Act. (IRR-A) No. 9184 otherwise known as the

Guidelines for the Implementation of Infrastructure Projects through negotiated procurement under section 54.2 (D) of IRR-A or R.A 9184 and by ADMINISTRATION

As per section 54.2 (D) which stipulate: For item (B) of section 53 of the act and IRR-A, the negotiation shall be made with a previous supplier, contractor or consultant of good standing of the procuring entity concerned, or a supplier, contractor or consultant of good standing situated within the vicinity where the calamity or emergency occurred. As per section 53 (B) which stipulate: In case of imminent danger of life or property during a state of calamity, or when time is of the essence arising from natural or manmade calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities. In the case of infrastructure project, the procuring entity has the option to undertake the project through negotiated procurement or by administration. The Local Chief Executive transgress in implementing the Diversion Road by ADMINISTRATION, since there is no calamity or emergency occurred. The Local Chief Executive patently transgress, ostracize, disregard the Local Government Code and likewise abuse of his authority. The presiding officer and councilors being the aggrieved party has the authority and likewise responsibility to file disciplinary actions against the local chief executive. Prove to us that the Sangguniang Panglungsod adopt the paragon of good governance. Apprise us straightway on the standpoint of the Sangguniang Panglungsod regarding this controversy. Hoping to hear favourably.

Respectfully Yours, Glenn Malco E. Abarquez Construction Manager

CC

: CARCAR TECHNICAL & ENGINERING SOCIETY : VOLTAIRE R. END : POBLACION 2 BARANGAY OFFICIAL