Grave Abuse of Power SUSPENSION OF MIDSAYAP MAYOR, VICE MAYOR IS ALL ABOUT POLITICS, CONFICT OF INTERESTS

By Manny Pinol

I knew all along that the suspension of Midsayap Mayor Romeo Arana was coming.

But the inclusion of the Vice Mayor, Albert Garduque, was something I did not even think the provincial leadership will do.

What is this case all about?

This is about the construction of a huge public market in Midsayap costing P70-M under a Build-Transfer Scheme which was started during the time of Mayor Manuel Rabara, who lost to Arana in the last elections.

The contract to construct the mega-million building was awarded by the Rabara administration to Marcus Construction, a construction company registered under the name of Pangging Custodio but has long been suspected to be owned a top official of the Province of North Cotabato.

Marcus Construction has cornered almost all of the contracts in the provincial government under the incumbent Governor and also won almost all of the public works contracts in the First Congressional District of North Cotabato a few years back.

The problem with the Midsayap Mega Market started after the award because other bidders questioned the qualification of Marcus Construction and the process with which the award of the contract was made.

There were also reports that the awarding of the contract was fast-tracked before the elections because money changed hands.

Upon his assumption as Mayor of Midsayap and acting on the complaint of the losing bidders, Mayor Arana formed an independent body to look into the public market controversy and come up with its recommendations.

The Ad Hoc Committee was composed of civic, religious and business leaders of Midsayap headed by Vice Mayor Albert Garduque, an engineer by profession, with Engr. Jerry Pieldad as vice chairman and Romeo gorreon, Justino Marquez and Ennie Cacabelos as members.

The Ad Hoc Committee came up with a finding that the award of the public market contract was flawed and was disadvantageous to the municipal government.

Based on the recommendation of the committee, Mayor Arana, with the approval of the municipal council of Midsayap under Vice Mayor Garduque, rescinded the contract.

Marcus Construction sought relief with the Sangguniang Panlalawigan by asking for the suspension of Mayor Arana and Vice Mayor Garduque for alleged grave abuse of authority in rescinding the contract.

In a swift move which I believe was legally and morally questionable but largely expected, the North Cotabato Provincial Board under Vice Governor Gregorio Ipong and the provincial board members, all allies of the incumbent Governor, ordered the suspension of the Midsayap Mayor and Vice Mayor for 30 days.

I would have wanted to stay away from this issue being out of politics now.

But hearing stories like this make me wonder what has become of government service now? Is it all about money and the protection of business interests?

Why would a Mayor and the Vice Mayor who were acting to protect the interest of their municipality and its people be persecuted?

What was the purpose of the Provincial Board and the incumbent Governor in suspending the elected Mayor and Vice Mayor of Midsayap?

To prevent them from influencing the investigation? That’s a big bull and a crap!

Had Arana and Garduque been accused of graft and corruption for stealing the funds of the municipal government, then I would agree that they should be suspended because they could influence the investigation.

How can they influence the investigation when the matter is already in the hands of the Sangguniang Panlalawigan?

The proper venue for redress for Marcus Construction should be the courts, not the Sangguniang Panlalawigan because the SP and even the Governor do not have the power to overturn the decision of the municipal government to rescind the contract for the public market earlier awarded to Marcus Construction.

When Arana and Garduque acted on the recommendation of the Ad Hoc Committee to rescind the public market contract, they were believed to be acting on behalf of the people of Midsayap and protecting the interests of the municipality.

The question now is: When the Governor and the Sangguniang Panlalawigan of North Cotabato suspended the Mayor and the Vice Mayor of Midsayap, whose interests were they protecting?

From where I sit, this is a brazen and arrogant abuse of power to protect a business interest which is plain and simple conflict of interest.

The Midsayap Mega-Market Controversy could be a landmark case on the extent of the powers and jurisdiction of the Sangguniang Panlalawigan and the Governor over the municipal governments in matters which involve the protection and safeguard of the interests of the municipality and its taxpayers.

I will not be surprised if some big law firms will take up this case and hail the Sangguniang Panlalalwigan members, the Vice Governor and Governor to Malacanang and the courts for grave abuse of authority and conflict of interest.

(Photo credit: Photo grab from Sto. Nino Shrine of Midsayap facebook page.)