ANG MGA EPAL AT KSP NG CAPITOLYO – PART 1

A Privilege Speech of SPM VLADIMIR RAMON B. FRIVALDO

February 20, 2012

Thank you fellow colleagues for allowing this representation to avail of this Privilege Hour.

Let us discuss anu po ang EPAL (in street slang MAPAPEL) or KSP (KULANG SA PANSIN).

Not all attention seekers possess a personal disorder. But if a person starts to sacrifice some of his/her moral values for the sake of getting attention without logic then it’s probably the result of an underlying disorder.

Sometimes adults seek attention because of jealousy or envy. When someone feels threatened by another person who may be drawing all the attention or admiration of the public, that someone may retaliate to steal or destroy such attention or admiration. Kulang sa Pansin (KSP) or lack of self confidence are other causes for acquiring that kind behavior. Some people feel that they are just overlooked and so the only solution to restore their balance is to bring back the lost attention.

Dahil hindi ako mapatigil sa mga pagpuna sa mga kamalian at pangaabuso ng isang mataas na provincial official at ang kanyang mga alila, dahil walang maibatong isyu na may basehan laban sa akin, pinipilit na naman ng abusadong lider na ito na gamitin ang Ethics Committee ng Sangguniang Panlalawigan para sa kanyang sariling kapakanan. Huwag po natin payagan ang kalokohang ito.

Last December 19, 2011, many were surprised when SPMs Arnulfo Perete, Angel Escandor, Ferdinand Dave Duran and Franco Eric Ravanilla complained to the Provincial Board and insisted that this representation be sanctioned by the Ethics Committee. The allegation of the four (4) SPM is “that SPM Vladi Frivaldo “maligned” the entire Sangguniang Panlalawigan when the Bicol Today came out with a news article which claimed I was offered money by two (2) unnamed colleagues to abandon my firm stand lambasting Gov. Raul Lee.”

The objective of this Provincial Governor is getting very clear that is to remove me as a duly elected Board Member by hook or by crook by using again the Sangguniang Panlalawigan members. Good luck sa inyo.

My fellow colleagues, there are only four elements in the crime of libel and these are simple to remember. Just remember the acronym “D.I.M.P.”

“D” stands for DEFAMATION, or a word or a group of words that put one person in shame before those who happen to read or heard of the publication of such word or group of word.

“I” stands for IDENTIFICATION. This means that the person put to shame was named in the published item.

“M” stands for MALICE. This means that the author or the publisher of the published item had the intention to put to shame the person named in the publication.

“P” stands for PUBLICATION. This means that the word or the group of words that put another person to shame was published. By “publication,” it means that the word or the group of words was read by at least one person who is other than the person who was put to shame by this word or group of words.

If ANY of these four elements is not proven or is absent, there is no libel.

Many are asking, where is the proof of actual malice in the alleged news article written by Bicol Today or even I was privy to that? Unless you can show evidence of actual malice then file a libel case. If not, you may raise other issues just to appease your political benefactor. Ask any listeners of RADYO NATIN Station Manager Doods Marianito, “isa lang an sinasabi nila, “nagpapa EPAL lang ang mga bokal sa kanilang amo.”

Wake up guys, wake up! Let us have a reality check. Bakit hindi tayo magtanong sa mga taga barrio para makita natin na ang taongbayan mismo ang magsasabi na karamihan sa atin dito ay BULAG-PIPI-BINGI sa sandamakmak na katiwalian na nangyayari dito sa Probinsya ng Sorsogon?

I am your fellow board member. I have done you no wrong. Instead of harassing this lone vocal fiscalizer, why don’t we unite and stop this very abusive governor? Why don’t we investigate the motives of some concerned board members to determine who in particular, initiated the voting allowing the anomalous transfer of the budget of SP Legislative to the Office of the Governor? Until now, the salary of our lowly paid contractual employees in the Sangguniang Panlalawigan is still pegged at P185.00 per day only instead of P240.00 per day?

Did anybody from this August body join me in fighting for our employees’ welfare? O natatakot lang kayo sa abusadong gobernador? Tayong mga Bokal ang dapat manguna para ipaglaban ang karapatan ng ating pobreng empleyado. Ang sinasabi ng mga MAGAGALING LANG SA SALITA na mga bokal na nagtulak ilipat sa Governor’s Office and pondo ng SP ay dahil “majority decision naman eh.” Ang galing ng rason niyo, huh? Nandito ang ating mga contractual employees – makakatingin pa ba kayo ng diretso sa kanilang mga mata at may lakas loob sabihin ang tunay na dahilan kung bakit kailangan pa nila magdusa sa kalokohang gawa ninyo? Kung hindi ito KALOKOHAN, ambot sa inyo kung anu ang tawag niyo – KASABWAT SA KALOKOHAN?

Why don’t we investigate why this humble representation does not have a regular staff for more than one (1) year now? Why are you blind in this glittering indirect interference of this abusive governor? Did anybody initiate an investigation? Wala! Wala! Dahil mga bahag ang mga buntot niyo baka maalisan din kayo ng staff o talagang KASABWAT KAYO SA KALOKOHANG ITO?

Why don’t we investigate the controversial Mining Contract issued by ex-Gov. Sally Lee?

Why don’t we investigate this “SHORT LADY” who told us last January 10, 2011 executive session na nagsabing “magkakapera tayo basta lang pumayag tayo na madaliin ang pagutang ng P350 million loan ni Gov. Raul Lee?”

Why don’t we investigate what the hell really happened to the P260 million LBP loan of ex-Gov. Sally Lee?

Why don’t we investigate the irresponsible claim of a fellow board member na may utang pa sa kanyang minamahal na mentor (ex-board member) ng halagang P300,000.00? Balanse daw ito sa “SHARE” na pinangako ng administration ni ex-Gov. Sally Lee patungkol sa nakaraang P260 million LBP loan. Ang gusto nitong kasamahan natin ay bayaran na muna ang balanse ng kanyang mentor bago siya pumayag sa bagong uutangin na P350 million loan? The nerve of this guy. Nakakahiya!

Sabagay totoo ang kasabihan ng matatanda, hindi naman magbubunga ang RAmbutan ng boungainVILLA.

Why don’t we investigate some of our colleagues together with this “SMALL LADY” during the executive session last January 10, 2011 na sinabihan ako na huwag ako pumalag sa gusto daw ni Gov. Raul Lee na umutang ng P350 million dahil nag-iisa lang ako na kokontra. Tutal malayo pa ang election at sigurado malilimutan din ng mga botante ang mga ganitong issues. Ito ang binalita ng isang local na diyaryo ang dahilan daw kung bakit ako nag walk-out dahil imbes kapakanan ng Sorsogon ang ating paguusapan na kung nasaan at napakinabangan ba ang dati P260.0 million loan ni ex-Gov. Sally Lee, ay gusto ng ilan natin kasamahan ay malaman agad kung anu ang makukuha nila.

Why don’t we investigate and review further the P350 million LBP Loan Contract and other related documents recently signed by Gov. Raul Lee? You will see the pernicious consequences and ramifications of this problem that I had been trying to tell you. After almost 6 months of tedious research and data gathering evidences with the help of volunteer lawyers and paralegal team, the time is almost ripe for the small potato to initiate a top to bottom reform against rampant graft and corruption in the provincial government.

To the poor people of Sorsogon, I appeal to all of you to please join me in my crusade against this abusive governor, LBP officials, Finance Managers, BAC, PGSO, PEO and the hard headed majority SP members who supported and connived with each other in causing the hasty approval of this gargantuan P350 million LBP loan. Remember, plunder is a non-bailable offense.

Last June 2, 2011, my old and rusty borrowed van was vandalized right inside the capitol compound. Hindi lang ginasgasan ng todo. Niluwagan para matangal ang lahat ng bolt sa dalawang harapan na gulong. Ang obheto nila ay masaktan o mapatay ako at lumabas na parang aksidente. Mabuti nalang may awa ang mahal na Diyos at nakita agad itong banta sa buhay ko. Ito ay aking pina blotter sa Sorsogon City Police Station. Did anybody even care or initiate an investigation to identify the culprit?

Why don’t we investigate a fellow board member who gave irreparable damage to the image of Sorsogon with his shameless performance in handling the 2011 Kasanggayahan Festival? Pinahiya lang niya ang sarili niya, pinahiya din ang organization na kabilang siya at higit sa lahat pinahiya ang buong imahe ng Sorsogon! Para tumino ang taong ito, ano bang parusa ang dapat igawad sa kanya?

The only way to save Sangguniang Panlalawigan and our province from further shame and controversies is for that board member to file a leave of absence in all public positions. If he has delicadeza he should RESIGN immediately;

Sorsogon’s credibility to host another Kasanggayahan Festival or any future competitions will always be in doubt if we allow this fellow member to continue his public functions. Huwag natin palabasin sa mga tao na kinokonsinti natin siya.

Why don’t we investigate all these valid issues that I have been raising long ago? Sabagay tama ang sabi ng taong bayan na karamihan dito ay hindi lang BULAG-PIPI-BINGI kundi pinag-lihi pa sa anesthesia – MANHID sa katotohanan!

Now you want me to be crucified by the Ethics Committee? My God, why am I being surrounded by hypocrites? Shame on you guys!

To all my colleagues, can you still look straight in the eyes of your loved ones (your child, your wife, your parents, your siblings and your relatives including those who had already departed us) at sabihin ninyo buwa o hindi totoo, maski isa lang sa mga issues binangit ko?

Last February 6, 2012 when the Regular Session had just ended, many were surprised at the immature and babyish actuation of SPM Franco Eric Ravanilla when he started yelling my family name names. He made fun of my mother’s maiden name Boayes by repeatedly shouting “Vladimir Ramon Boayes Buwaon Frivaldo.”

Ginoong Ravanilla, bakit mo ginawa ito?

For your information of the so called educated legislator from the first district, my mother happens to be the eldest daughter of Col. Francisco “Turko” Boayes, my lolo.

Col. Francisco “Turko” Boayes, was the 2nd in Command of Gov. Wenceslao Vinzons Guerilla Command in Camarines Norte. When the Japanese forces killed Gov. Vinzons, my lolo took the Command and renamed it Vinzons Division – Turko Command. This Division was the most powerful and most armed in the whole Bicolandia. The name “Commander Turko Boayes” reverberated in the whole Bicol region. He liberated Daet from the Japanese forces. He is also the first mayor of Daet, Camarines Norte after WWII.

On June 13,1968, in a ceremony in Camp Aguinaldo, Col. Boayes was awarded the Gold Medal – the highest award given to a war veteran of World War II. This was personally conferred by then Pres. Ferdinand E. Marcos, the crowning glory of his bravery and gallantry.

Visit the Provincial Capitol of Camarines Norte and see the statue of the famous Bicol War Hero, Col. Francisco “Turko” Boayes as an expression of gratitude of the people of the province to the name Boayes – the name that Mr. Ravanilla have insulted and despised for no reason at all. Col. Francisco “Turko” Boayes and 8th term Gov. Juan Frivaldo both died a poor man but left a good name to his family, relatives and friends.

Nakikiusap po ako na wag mo naman yurakan ang aking pangalan at ang magandang pangalan ng aking angkan – motherside and fatherside. Maski pobre lang ang familia namin, iniingatan naming ang kanilang malinis na pangalan.

Alam mo Ginoong Ravanilla, malaki ang respeto namin sayo kundi pati sa iyong mga magulang na si former SPM Butch Ravanilla at DOT Dir. Nini Ravanilla. Pero bakit ibang iba ang iyong pinapakitang ugali sa publiko? Ginoong Ravanilla, wala tayong personalan. You are an elected official. Grow up and act like a man!

Pero mas marami miyembro ng third sex gaya ni Epong ay may gustong itanong sayo – “marami naman sa ating kasamahan ang laging naka-Official Travel pero bakit ako lang ang lagi mong hinahanap at may halong lambing ka na inannounce sa Session Hall na “MISS NA MISS MO NA AKO.” Kaya ang tanong nina Epong ay ito “Bakit, bakit si Vladi lang ba ang laman ng isipan mo Ginoong Ravanilla?” Epong added, “don’t tell a lie – aminin.”

Pakiusap ko sa mga kasamahan ko dito sa Sangguniang Panlalawigan, dapat puro isyu lang ang ating pag-ukulan at tigilan na ang personalan. Alam niyo, ang totoo hindi po ako ang lalabas na katawa-tawa sa tao kundi – KAYO! Kaya ang tanong sa inyo ng taong bayan, “Kayo ba talaga ang tunay na alila ng abusadong gobernador ng Sorsogon?

My friends, I am thankful to all difficult people I’ve met in the Capitol. They have shown me exactly who I don’t want to be.

Dahil sa suporta at pagmamahal binigay ng Sorsogon sa aming familia magmula kay Tata Owan Frivaldo, sa akin tatay former OIC Vice Gov. Eddie Frivaldo at sa aming dalawa ni Bokal Frank, makakaasa kayo na tuloy ang aming pakikibaka sa malinis na pagogobyerno at hustisya para sa kasaradayan. Ang mithiin ko ay sana magkasama-sama na tayo ngayon para buhayin ang nalugmok sa napakalaking utang ang probinsya ng Sorsogon.

Sa pagtatapos ng aking Privilege Speech, mahulaan kaya ng aking mabait na kaibigan, the gentleman from Prieto Diaz SPM Benito Doma, kung sinu-sino ang maguunahan na magpapa EPAL o KSP dito. . . . . . . . oo nga pala, ingat lang po kayo sa pagakyat mamaya sa Capitolyo at baka madapa kayo sa pagsumbong sa amo ninyo, kawawa naman kayo. . . . . .

My friends, maraming, maraming salamat po.

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Categories: SANGGUNIANG PANLALAWIGAN, Sorsogon City, Views and Concern, VLADIMIR RAMON B. FRIVALDO

1 reply

  1. Republic of the Philippines…..)
    Quezon City……..………………) S.S.

    COMPLAINT-AFFIDAVIT

    I, VLADIMIR RAMON B. FRIVALDO, Filipino, of legal age, single, with residence and postal address at Arellano Street, Poblacion Norte, Barcelona, Sorsogon, and an incumbent Board Member of the Sangguniang Panlalawigan of Sorsogon, hereby files these criminal and administrative complaints:

    A. Criminal complaint for violation of Section 3, Paragraphs (a) and (g) of R.A. No. 3019 otherwise known as “The Anti-Graft and Corrupt Practices Act,” against the following persons:

    1. RAUL R. LEE, incumbent Governor;
    2. ANTONIO H. ESCUDERO, incumbent Vice Governor;
    3. REBECCA D. AQUINO;
    5. FERNANDO DAVID H. DURAN III;
    6. ARNULFO L. PERETE;
    7. FRANCO ERIC O. RAVANILLA;
    8. ANGEL E. ESCANDOR;
    9. BENITO L. DOMA;
    10. BERNARD H. HAO;
    11. PATRICK Q. RODRIGUEZA;
    12. NESON A. MARAÑA;
    all incumbent Board Members of the Sangguniang
    Panlalawigan of Sorsogon
    13. HIL BENEDICT G. MANZANADES, Dept. Manager/Head, Land Bank of the Philippines in Legazpi City;
    14. RENATO G. EJE, Vice President, Land Bank of the Philippines, Head Office.

    B. Administrative complaint for Grave Misconduct and Serious Dishonesty against the following persons:

    1. RAUL R. LEE, incumbent Governor;
    2. ANTONIO H. ESCUDERO, incumbent Vice Governor;
    3. REBECCA D. AQUINO;
    5. FERNANDO DAVID H. DURAN III;
    6. ARNULFO L. PERETE;
    7. FRANCO ERIC O. RAVANILLA;
    8. ANGEL E. ESCANDOR;
    9. BENITO L. DOMA;
    10. BERNARD H. HAO;
    11. PATRICK Q. RODRIGUEZA;
    12. NESON A. MARAÑA;
    all incumbent Board Members of the Sangguniang Panlalawigan of Sorsogon.

    The complaint is based on the following facts:

    1. On January 17, 2011 Sangguniang Panlalawigan of the Province of Sorsogon passed Resolution No. 5-2011 entitled “Resolution Granting Authority to Governor Raul R. Lee to Enter into a Loan Agreement with any reputable Banking Institution offering a more favorable deal to the Provincial Government relative to the P350 million Bank Loan of the Province of Sorsogon.” A photocopy of said resolution is hereto attached as Annex “A”.

    The respondent Vice-Governor Antonio H. Escudero who is also the Presiding Officer of the Sangguniang Panlalawigan and the respondent Board Members concerned violated a cardinal rule in the passage of Resolutions and Ordinance as provided for in Article 7 of Implementing Rules and Regulations of the Local Government Code which provides:

    Art. 107. Ordinances and Resolutions. – The following rules shall govern the enactment of ordinances and resolutions:

    a.Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolution.
    b.Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the secretary to the sanggunian who shall report the same to the sanggunian at its next meeting.
    c.A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of all the sanggunian members.
    d.No ordinance or resolution shall be considered on second reading in any regular meeting unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.
    e.Any legislative matter duly certified by the local chief executive as urgent, whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules.
    f.The secretary to the sanggunian of the province, city or municipality shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the local chief executive concerned as urgent may be submitted for final voting immediately after debate or amendment during the second reading.
    g.No ordinance or resolution passed by the sanggunian in a regular or special session duly called for the purpose shall be valid unless approved by a majority of the members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the sanggunian members for its passage.
    h.Upon the passage of all ordinances and resolutions directing the payment of money or creating liability, and at the request of any member, of any resolution or motion, the sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the seal of the sanggunian and recorded in a book kept for the purpose.

    None of these Rules were observed by the respondents Vice-Governor and the respondent Sangguniang Panlalawigan Board Members concerned.

    2. On March 1, 2011, a letter was sent by a certain Alfonso C. Tanseco and Edlyn G. Quesada, Senior Vice-President and Account Officer, respectively, of the Philippine National Bank (PNB for brevity) to respondent Governor Raul R. Lee containing indicative terms and conditions for the possible financing of various projects of the Provincial Government of Sorsogon. It shows that if PNB is chosen, the principal loan of THREE HUNDRED FIFTY MILLION PESOS (P350,000,000.00) shall bear an interest rate of 5.38%. A photocopy of the letter is hereto attached as Annex “B” and the interest rate thereon as Annex “B-1″ and are made integral parts hereof.

    3. On March 7, 2011, respondent Hil Benedict G. Manzanades, Department Manager and Head of Land Bank of the Philippines (LBP for brevity) in Legazpi City, submitted a similar proposal to respondent Governor Lee also to extend a loan for the various projects of the Provincial Government of Sorsogon at the rate of 7.0%. A photocopy of the letter is hereto attached as Annex “C” and the interest rate thereon as Annex “C-1”.

    4. On March 25, 2011 respondent Governor Lee wrote a letter to respondent Vice Gov. Antonio H. Escudero as the Presiding Officer of the Sangguniang Panlalawigan regarding the convening of the “Finance Committee” to finalize their recommendation on the proposals of PNB and LBP. In said letter, Respondent Governor Lee was clearly instructing the Sangguniang Panlalawigan for the passage of a Resolution to authorize the latter to enter into a loan agreement with PNB. Question is, what will now be the effect of the recommendation of the Finance Committee if the governor has already chosen a favored Financial Institution then, in this case the PNB. A photocopy of the said letter is hereto attached as Annex “D”.

    5. On March 30, 2011 respondent Hil Benedict G. Manzanadez, Dept. Manager/Head, LBP Legazpi City wrote another letter to Governor Lee. This time, LBP was offering the prevailing interest rate of 5.061%. A copy of said letter is hereto attached as Annex “E” and the new interest rate as Annex “E-1”.

    6. Undersigned Complainant has been very consistently inquisitive as to the practice of irregularities and short cuts of procedures by the provincial government in securing loans because the respondents could not even account, liquidate nor properly come up with a report for previous loans and justify not only to the complainant but to the general public if the loans were for the their best interest and has the most reasonable terms for the Provincial Government. The Complainant in his own capacity and as a duly elected government official has been very vigil in inquiring the possible negative implications it has on the Provincial Government in securing loan in the form of letters, privilege speeches, inquiries in aid of legislation, as they remain the liabilities of the LGUs even after the term of the contracting officials has ended. Based on an on-going congressional inquiry on House Resolution 1196 of this 15th Congress of the House of Representatives, there has been a reported increase in most LGU bad loans. Such as in the case of the previous administration’s provincial loan of P260.0 million with LBP which has yet to be liquidated, reported and still remains existing and if proper safe guards are not in place this may happen again. Please find the hereto attached communications to respondent Hil Benedict Manzanades, Department Head of LBP Legazpi City and to LBP President Gilda E. Pico are hereto attached as Annexes “F”, “G”, “H” and “I”.

    7. On May 12, 2011 both Alfonso C. Tanseco, Senior Vice President and Julius Ceazar P. Banog, Account Officer of the Philippine National Bank, sent another letter to respondent Gov. Lee and also offered a new interest rate, this time it’s 5%. A photocopy of the letter is hereto attached as Annex “J” and the new interest rate as Annex “J-1”.

    8. A perusal of the proposals of the two financial institutions offering loan options, it shows that PNB offered the lowest interest rate, which is FIVE PERCENT (5%).

    9. Thereafter, without offering any explanation, justification nor an evaluation by a government or provincial body, not even the so-called “Finance Committee” nor a Sangguniang Panlalawigan Committee, respondent Governor Lee whimsically and on his own caprice set aside the PNB proposal and instead favored the proposal of the LBP. This can be shown by the letter dated May 17, 2011 Governor Lee to Vice Governor Escudero in his capacity as the Presiding Officer of the Sangguniang Panlalawigan and submitted a copy of the proposed Loan Agreement from PNB for the Sangguniang Panlalawigan’s perusal, review and ratification. The respondent Governor did not consider the proposal from the other financial or banking institution, at least, to make sure that the contract which is most advantageous to the Provincial Government could be had. A photocopy of the letter is hereto attached as Annexes “K” and the PNB loan agreement as Annex “L”.

    10. And on June 21, 2011 respondent Presiding Officer and the concerned Sanggunian Panlalawigan Board Members in direct violation AGAIN of its own internal rules and regulations ( Art. 7 of the LGC IRR) and with obvious disrespect thereto, PASSED AND APPROVED, Resolution No. 92-2011, entitled “Resolution granting authority to the Provincial Governor on behalf of the Provincial Government to negotiate and enter into a Loan Agreement with Land Bank of the Philippines (LBP) in the amount of P350.0 million to finance urgent and priority Provincial Development Projects, enumerated per attached List and hereby approving the aforesaid enumerated projects pursuant to the approved Local Development Plan and Public Investment Program or approved Annual Procurement Program of the province.” This has already been the practice of the Sangguniang Panlalawigan since time immemorial in passing measures, ordinances and resolutions which the accused Governor Lee commands upon the concerned respondent Sanggunian Panlalawigan members. Respondent Presiding Officer and the concerned Sangguniang Panlalawigan Board Members probably did not seem it necessary or important to even ask for a briefing, explanation nor justification from Governor Lee for the sudden change of heart nor did they required for any recommendation if any of the “Finance Committee” before overwhelmingly passing and approving the Resolution;

    It is noteworthy that there was neither a single official committee hearing held nor any public consultation done for this purpose. This is a glaring show of conspiracy between the Governor on one hand and the Vice Governor and the concerned Board Members, because despite this the Sangguniang Panlalawigan expeditiously passed and approved Resolution No. 92-2011 LBP which has a higher interest rate of 5.061% (Please find hereto attached Photocopy of the Resolution as Annex “M”. Again, in direct Violation of Article 7 of the Implementing Rules and Regulations of the Local Government Code earlier cited.

    This is direct violation of Section 3, Paragraphs (a) of R.A. No. 3019 otherwise known as “The Anti-Graft and Corrupt Practices Act,” which states:

    Section 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

    (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

    11. Further, the respondents Governor and Vice Governor as well as the aforementioned Board Members of the Sangguniang Panlalawigan did not even exert efforts nor initiate any actions necessary to secure concessional interest rates or such interest rates lower than the prevailing interest rate to justify their actions as if treating the provincial funds and decisions as their own personal funds.

    Article 395 (c) of the Implementing Rules and Regulations of the Local Government Code provides:

    “Government financial and other lending institutions are authorized to grant LGUs such loans, credit lines, advances, and other forms of indebtedness for projects and purposes referred in paragraph (b) hereof, preferably at concessional interest rates lower than the prevailing rates as may be authorized by the governing board of the financial or lending institution,”

    Prevailing rates shall mean the Central Bank standard reference rate for medium-and long-term loans.”

    12. The irregularities may be easily inferred from the sequence of events prior to the signing of the aforesaid Memorandum of Agreement (MOA) with the Land Bank of the Philippines. There was no evaluation nor any recommendation from any government or provincial body or even the “Finance Committee,” to show that the list of projects is included in the Annual Investment Plan of the province for the loan. How can a handful elected officials now decide on their own which projects or endeavors are most beneficial to the province and the poor people of Sorsogon.

    In a letter dated July 5, 2012 by Dominador O. Jardin, Prov’l. Gov’t. Dept. Head of the Provincial Planning and Development Office (PPDO for brevity) to the complainant, he said that his Office could NOT come upon any feasibility study of the list of projects such as roads, bridges, buildings, farm to market roads and tourism facilities funded in the P350,000,000.00 LBP loan from available existing records. A copy of this letter is hereto attached as Annex “N” to show that not even the PPDO officer, was included nor was his office made a part of the official action of the provincial government to come up with the decision to justify and substantiate the loan application for some “priority projects “of the respondent Governor, respondent Vice Governor and respondent SP Members concerned. What is now the legal or even economic basis if any of such loan?

    In direct non adherence of the provisions of the Local Government Code, specifically in Article 6 which provides for the official functions of the Planning Development Coordinator, which provides:

    Article Six. – The Planning and Development Coordinator
    “ X X X X X X X X
    (b) The planning and development coordinator shall take charge of the planning and development office and shall:
    (1) Formulate integrated economic, social, physical, and other development plans and policies for consideration of the local government development council;
    (2) Conduct continuing studies, researches, and training programs necessary to evolve plans and programs for implementation;
    (3) Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;
    (4) Monitor and evaluate the implementation of the different development programs, projects, and activities in the local government unit concerned in accordance with the approved development plan;
    (5) Prepare comprehensive plans and other development planning documents for the consideration of the local development council;
    (6) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the finance committee of the local government unit concerned as provided under Title Five, Book II of this Code;
    (7) Promote people participation in development planning within the local government unit concerned;
    (8) Exercise supervision and control over the secretariat of the local development council; and
    (c) Exercise such other powers and perform such other functions and duties as may be prescribed by law or ordinance.

    And despite the absence of any or all legal requirements to support their reason for applying for a loan for a list of projects which is not even included in the Annual Investment Plan, accused Governor Lee wrote a Letter on October 5, 2011 to the Honorable Members of the Sangguniang Panlalawigan requiring the Presiding Officer and Vice Governor Escudero, the Chairs and Members of the Committee on Budget and Appropriations and the Committee on Public Works, Infrastructure and Highways to be present during the signing of the Memorandum of Agreement on October 19, 2011, 9:00 a.m. at the LBP Legazpi City Office. (A photocopy of said letter is hereto attached as Annex “O”.

    13. Obviously, the respondent members of the SP are all blinded and misguided, because based on a Certification dated October 13, 2011 issued by Otilla R. Marifosque, Records Officer III/Admin. Officer V and noted by William H. Delgado, SP Secretary/PGDH of the Sangguniang Panlalawigan, there is no record of any document which could be accounted on file by the Sangguniang Panlalawigan which shows:

    1. Request of the Governor endorsing to this Honorable Body for review, the Land Bank of the Philippines’ evaluation of the proposed P350 million loan of the Province of Sorsogon.
    2. A draft Memorandum of Agreement between Land Bank of the Philippines and the Province of Sorsogon.

    A photocopy of the Certification is hereto attached as Annex “P”. This clearly shows that the SP did not even have the privilege to scrutinize any loan agreement or proposal of the financial entity, and despite this the respondents passed and approved the accused governor’s for a resolution to enter into a loan. The reason or consideration for said approval to allow the governor to enter into said agreement is now the biggest question.

    Again, the action of the accused Board Members is direct violation of Section 3, Paragraphs (a) of R.A. No. 3019 otherwise known as “The Anti-Graft and Corrupt Practices Act,” which states:

    Section 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

    (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

    14. Significantly, it is worth mentioning that the abovementioned Letter was dated October 5, 2011; while in a Letter of respondent Hil Benedict G. Manzanadez, Dept. Manager and Head LBP Legazpi City Office dated October 17, 2011, it was only there that Manzanadez notified respondent Governor Lee about the LBP approval of the whooping P350.0 million loan. The said Letter was received by the Office of the Governor only on October 18, 2011. Please find the letter hereto attached as Annex “Q”.

    A simple layman would not think that the approval of this controversial loan was pre-arranged by respondents Governor Lee with Vice Governor Escudero including members of the Sangguniang Panlalawigan as cohorts. The conspiracy appears to extend to the officers of the LBP who suddenly wrestled out the loan from PNB and kept the same unknown to other banking or financial institutions. Respondent knowing fully that PNB has the lowest interest rate.
    The records shows that the respondent Governor, as early as October 5, 2011, already knew of the approval and the date, time and venue of the schedule for the signing of the LBP Loan Agreement way ahead of time.

    Another major question now is that how come the loan was split into two loan agreements with different Interest Rates and Terms by the LBP with-out any prior notice or approval from the Sangguniang Panlalawigan, considering that the authority of the governor was specifically for the whole amount of P350.0 Million and not for the aggregate amount of P100.0 million and another P250.0 Million.

    15. Noteworthy to mention is that respondents Governor Lee, Vice-Governor Escudero and the concerned Board Members of the Sangguniang Panlalawigan particularly singled- out LBP despite the higher interest rate it offered compared to the PNB proposal as the only financial institution to service the loan being secured by the Provincial Government without even asking for any justification nor explanation from Governor Lee for choosing the LBP over the PNB offer.

    On October 19, 2011, respondent Governor Lee signed the Loan Agreement (Term Loan 13 in the amount of P100,000,000.00) and Loan Agreement (OTLF 2 in the amount of P250,000,000.00) with Land Bank of the Philippines represented by respondent Renato G. Eje, Vice President/ Head, ROV (herewith are the photocopies of the two (2) Loan Contracts between the Provincial Government of Sorsogon and Land Bank of the Philippines for a total sum of 350 Million Pesos, copies of said loan agreements are attached as Annexes “R” and “S”). Both LBP Loan Agreements have different Interest Rate and Term. The acts mentioned here is a direct violation of the provisions of the following:

    Section 3 (g) of RA 3019 or the Anti-Graft and Corrupt Practices Act which provides:

    “Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.”

    16. The respondents Presiding Officer and the concerned Board Members of the Sangguniang Panlalawigan did not even bother to inquire as to the glaring conspiracy between respondent Governor Lee on one hand, and some officials of LBP for the purpose of securing a loan to the detriment and disadvantage of the Provincial Government. Where LBP offered 5.061% compared to the PNB’s lower interest rate of 5%. In fact, on October 21, 2011, respondents ratified, confirmed and approved Resolution No. 152-2011 entitled “Resolution ratifying, confirming and approving the Loan Agreement by and between the Land Bank of the Philippines and the Provincial Government of Sorsogon represented by Provincial Governor Raul R. Lee governing a loan in the amount of One Hundred Million Pesos (P100,000,000.00). A photocopy of the Resolution No. 152-2011 is hereto attached as Annex ”T”.

    The respondents Presiding Officer and the Sangguniang Panlalawigan Board Members concerned, violated AGAIN a cardinal rule in the passage of Resolutions and Ordinance as provided for in the Article 7 of Implementing Rules and Regulations of the Local Government Code earlier cited.

    17. On May 21, 2012, respondents Vice Governor Escudero and the mentioned Board Members of the Sangguniang Panlalawigan passed and approved Ordinance No. 09-2012 entitled “An Ordinance governing/authorizing the proposed borrowing of the Province of Sorsogon with the Land Bank of the Philippines (LBP) in the amount of TWO HUNDRED FIFTY MILLION PESOS (P250,000,000.00) to fund various priority infrastructure projects, farm to marker roads, buildings and other tourism facilities.” A photocopy of Ordinance No. 09-2012 is hereto attached as Annex “U”.

    The respondents Vice Governor and the concerned Sangguniang Panlalawigan Members, violated AGAIN a cardinal rule in the passage of Resolutions and Ordinance as provided for in the Article 7 of Implementing Rules and Regulations of the Local Government Code earlier cited.

    And, this is also a direct violation of Section 3, Paragraphs (a) of R.A. No. 3019 otherwise known as “The Anti-Graft and Corrupt Practices Act,” which states:

    Section 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

    (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

    18. On June 1, 2012, Provincial Treasurer Efilda C. Nogales and Provincial Accountant Mercedes J. Ativo duly noted by Governor Lee sent to the Complainant the Status Report of the Payment for Infrastructure Projects funded under the P350,000,000.00 loan of the Provincial Government of Sorsogon with Land Bank of the Philippines. Accordingly, as of May 31, 2012 the amount paid by the Provincial Government of Sorsogon thru Provincial Treasurer Nogales and Provincial Accountant Ativo is SEVENTY TWO MILLION NINE HUNDRED TWENTY FIVE THOUSAND NINE HUNDRED FORTY EIGHT PESOS AND SIXTY ONE CENTAVOS (P72,925,948.61). Herewith is the photocopies of the June 1, 2012 Letter attached as Annex “V” and List of Projects Funded out of the P350 M Land Bank Loan as ANNEX “W”.

    The release of the P72,925,948.61 is the result of the railroading of the P350,000,000.00 LBP loan, the Respondents have RAPED the funds of the Provincial Government of its money.

    19. Worst, against the fundamental principle of public consultation, the loan was secured without such consultation with the members of the Provincial Development Council which fundamentally appropriates funds for the expenditures contained in the 20% Development Fund, and which is required under Sections 106 to 115 of the Local Government Code of the Philippines.
    20. Further, Complainant has been very vigilant in provisions in the Loan Agreement which Complainant deems material and necessary to be explained to the Sangguniang Panlalawigan but to the stake holders as well because public funds will be used to pay the loan. The following queries were raised, to wit:

    (i) where the percentage for “spread” will go and how it is charged;
    (ii) why is there a Special Funder in the contract and nobody knows what it means;
    (iii) why is the term of the loan conditional;
    (iv) why are there two sets of loan agreement with different Interest Rate and Term for One Hundred Million Pesos (P100,000,000.00) and another for Two Hundred Fifty Million Pesos (P250,000,000.00), respectively, when there is only one set of project to be financed; and,
    (v) the life span of the project – the project may have already lost it serviceability but the loan is still unpaid. However, these queries remained unanswered. These are all contained in Complaint’s numerous privilege speeches which center on the anomalous in the manner most Provincial loans were hastily and conveniently facilitated by the Respondents with any regard for laid down laws, principles and procedures. Copies of the letters are hereto attached as Annex-9.

    21. In concluding, the loan was obtained using the Internal Revenue Allotment as collateral and which required the: (i) public bidding as provided under Section 10 of the Revised Implementing Rules and Regulations of Republic Act No. (RA) 9184; (ii) approval of the Provincial Development Council (the body tasked to appropriate expenditures under the 20% Development Fund); (iii) without public consultation; (iv) securing the concessional rate of interest; (v) without first securing certifications from various agencies of the national government if the projects listed can be funded by the concerned agencies.

    THUS, THE HEREIN QUESTIONED TWO (2) LBP LOAN AGREEMENTS ARE ILLEGAL, GROSSLY DETRIMENTAL AND DISADVANTAGEOUS TO THE PROVINCIAL GOVERNMENT OF SORSOGON.

    PRAYER

    In view of the foregoing, it is respectfully prayed that:

    1. The said LBP Loan Agreements (Term Loan 13 in the amount of P100,000,000.00) and Loan Agreement (OTLF 2 in the amount of P250,000,000.00) with Land Bank of the Philippines be declared illegal, therefore NULL and VOID.

    2. The unreleased amount of the LBP Loan should be immediately held in abeyance and the released portion (as of May 31, 2012) in the amount of SEVENTY TWO MILLION NINE HUNDRED TWENTY FIVE THOUSAND NINE HUNDRED FORTY EIGHT PESOS AND SIXTY ONE CENTAVOS (P72,925,948.61) should be returned to the creditor bank.

    3. The above-named respondents be charged criminally for violation of RA No. 3019 or the Anti Graft and Corrupt Practices Law particularly Section 3 (a) and (g).

    4. The above-named respondents be administratively charged for grave misconduct and serious dishonesty;

    5. The above-named respondents (except for Hil Benedict G. Manzanades and Renato G. Eje) be preventively suspended immediately pending the investigation of this complaint pursuant to Section 24 of R.A. No. 6770; and,

    6. Other reliefs and remedies as may be deemed just and equitable under the circumstances are likewise prayed.

    IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of July 2012 at Quezon City, Philippines.

    VLADIMIR RAMON B. FRIVALDO
    Affiant

    SUBSCRIBED AND SWORN to before me this 9th day of July 2012 at Quezon City, Philippines. Affiant exhibited to me his Driver’s License bearing number 3-90-102197 containing his picture and signature as competent evidence of his person.

    ADMINISTERING OFFICER

    VERIFICATION AND CERTIFICATION OF
    NON-FORUM SHOPPING

    I, VLADIMIR RAMON B. FRIVALDO, of legal age, a resident of Arellano Street, Poblacion Norte, Barcelona, Sorsogon after having been duly sworn in accordance with law, depose and state that:

    1. I am a Complainant in the following cases:

    A. Criminal complaint for violation of Section 3, Paragraph (a) and (g) of R.A. No. 3019 otherwise known as “The Anti-Graft and Corrupt Practices Act,” against the following persons:

    1. RAUL R. LEE, incumbent Governor;
    2. ANTONIO H. ESCUDERO, incumbent Vice Governor;
    3. REBECCA D. AQUINO;
    5. FERNANDO DAVID H. DURAN III;
    6. ARNULFO L. PERETE;
    7. FRANCO ERIC O. RAVANILLA;
    8. ANGEL E. ESCANDOR;
    9. BENITO L. DOMA;
    10. BERNARD H. HAO;
    11. PATRICK Q. RODRIGUEZA;
    12. NESON A. MARAÑA;
    all incumbent Board Members of the Sangguniang
    Panlalawigan of Sorsogon
    13. HIL BENEDICT G. MANZANADES, Dept. Manager/Head, Land Bank of the Philippines in Legazpi City;
    14. RENATO G. EJE, Vice President, Land Bank of the Philippines, Head Office.

    B. Administrative complaint for Grave Misconduct and Serious Dishonesty against the following persons:

    1. RAUL R. LEE, incumbent Governor;
    2. ANTONIO H. ESCUDERO, incumbent Vice Governor;
    3. REBECCA D. AQUINO;
    5. FERNANDO DAVID H. DURAN III;
    6. ARNULFO L. PERETE;
    7. FRANCO ERIC O. RAVANILLA;
    8. ANGEL E. ESCANDOR;
    9. BENITO L. DOMA;
    10. BERNARD H. HAO;
    11. PATRICK Q. RODRIGUEZA;
    12. NESON A. MARAÑA;
    all incumbent Board Members of the Sangguniang Panlalawigan of Sorsogon.

    2. I caused the preparation of the foregoing complaint;
    3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;
    4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
    5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
    6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days there from to this Honorable Ombudsman.

    VLADIMIR RAMON B. FRIVALDO
    Affiant

    SUBSCRIBED AND SWORN to before me this 10th day of July 2012 at Quezon City affiant exhibiting to me his Driver’s License bearing number 3-90-102197 to expire on May 11, 2014 containing his picture and signature as competent evidence of his person.

    NOTARY PUBLIC

    Doc. No._____ ;
    Page No. ____ ;
    Book No._____ ;
    Series of 2012.

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