Danao councilor as CDRRM chief nixed

The Commission on Audit has stopped Danao City Mayor Ramon “Nito” Durano III from appointing a city councilor to head the City Disaster Risk Reduction and Management (CDRRM) Office and as consultant for legislative affairs.

COA, in its 2016 report, said the appointment of Councilor Roland Reyes as CDRRM Officer-designate contradicts the doctrine of “separation of powers”.

Section 12(b) of Republic Act 10121 states that “the LDRRMO shall be under the office of the governor, city or municipal mayor, and the punong barangay in the case of the BDRRMC”, thus it is a function of the executive body.

“Hence, the appointment impairs the system of check and balance,” COA said.

Meanwhile, COA said the procurement of the consultancy services of Anne Valerie Martel as consultant for legislative affairs, was also not in keeping with the doctrine of “separation of powers”. It was reportedly initiated by a purchase request signed by Durano.

“It must be worth noted that the services rendered by Ms. Martel was to the benefit of the City ViceMayor, the presiding officer of the Sangguniang Panlungsod,” COA noted.

Incidentally, Vice Mayor Thomas Mark “Mix” Durano is the son of Mayor Nito.

COA cited the case of Atienza vs. Villarosa when the Supreme Court held that it is the Vice-Governor who has the authority to approve purchase orders issued in connection with the procurement of supplies, materials, equipment, including fuel, repairs and maintenance of the Sangguniang Panlalawigan.

The Court further cited then Senator Aquilino Pimentel, the principal author of Republic Act 7160, who explained that, “the idea is to distribute powers among elective local officials so that the legislative, which is the Sanggunian, can properly check the executive, which is the Governor or the Mayor and vice versa and exercise their functions without any undue interference from one by the other.”

The Human Resource Management Office will recommend to the City Mayor to appoint someone from the executive office for the CDRRM post.

COA has recommended that the Mayor, through the CDRRM Council, hire a permanent CDRRM Officer who possess the necessary technical knowledge and skills, education and/or expertise, and with Civil Service Eligibility.

Further, COA recommended that the consultancy services of the legislative department be initiated by the City ViceMayor, notwithstanding the fact that it is still the City Mayor who will be entering into a contract with the consultants, as provided for under R.A. 7160, otherwise known as the Local Government Code of 1991.