Baras Rizal Online

The Commission on Audit found irregularities in the hiring of a private counsel to represent the local government of Baras.

In its annual Audit Report for January to December 2007, COA said that the hiring of Atty. Ricardo Valmonte as the Municipal Legal Consultant was not in accordance with the circular they issued on June 9, 1998.

Circular Number 98-002 states that “public funds shall not be utilized for payment of the services of a private legal counsel or law firm to represent government agencies and instrumentalities, including government-owned or controlled corporations and local government units in court or to render legal services for them. In the event that such legal services cannot be avoided or is justified under extraordinary or exceptional circumstances for government agencies and instrumentalities, including government-owned or controlled corporations, the written conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case maybe, and the written concurrence of the Commission on Audit shall first be secured before the hiring or employment of a private lawyer or law firm.”

The COA report also questioned the utilization of public funds as payment for consultancy fee for Valmonte. By the end of 2007, Valmote was paid P 46, 4000. Seven checks were issued for Valmonte: P 4, 850 as fee for January 2007; P 4, 850 for February; P 9, 700 for May to June; P 9, 000 for July to August; P 9, 000 for September to October; P 4, 500 for November and P 4, 500 for December.

Baras Rizal Online found out this morning that Valmonte received another check yesterday, September 14, amounting to P 5, 000.

BRO got a run around when it tried to secure the appointment papers of Valmonte. A staff in the Mayor’s Office said she knows that Valmonte was appointed as the legal consultant but the document can be acquired from senior bookkeeper Rosa Maria Di√±ozo. Di√±ozo in turn said that she keeps no records of such appointment, and that the document is in the MO. Another staff in the MO said that it might be in the hands of the Municipal Administrator. The staff in the administrator’s office said that she does not have that document either. The Municipal Budget Office also does not have that document.

It was apparent, however, that the local government already knows that the hiring of a private counsel is not in accordance with the auditing rules. Back in September 2004, the Sangguniang Bayan approved Resolution 136 asking provincial fiscal Gregoria Arizola to represent the municipal government of Baras in issues related to the dismantling of fences in the new municipal building. With the help of a staff in the SB office, BRO searched for a copy of that resolution. The document cannot be found in any of their archives.

Councilor Ramon Matignas, Jr. defended the hiring of Valmonte. “Hindi siya illegal. Ang sinasabi ng COA, gusto nila na magcreate ng legal officer. we cannot do it. Ang recommendation ng COA, ay huwag gawing legal consultant kasi may COA circular daw sila ng it should be the fiscal and the prosecutor who should always be our consultant. So we cannot always rely on them to cater to our needs kasi ang daming trabaho nyan. It should be downgraded to an ordinary consultant. Hindi siya magkakaroon ng contravention sa circular,” he said in an interview yesterday.

COA recommended that the municipality create its special legal officer.

The councilor also said that Valmonte “handles” the ejectment case of Baras against Antipolo City. Months ago, Baras cried foul over the establishment of a public high school in land that is part of Baras. The case was filed in Regional Trial Court 78 in Morong, Rizal.

BRO didn’t manage to interview Mayor Wilfredo Robles because he was in a meeting.