GIVEN the ongoing investigation at the City Council into the alleged anomalies in the distribution of Enhance Community Quarantine (ECQ) Special Ayuda, Minority Floor Leader Councilor James Judith confirmed he received death threats following a copy of the result of the Ad Hoc Committee’s investigation was released Monday afternoon.
Judith, however, did not elaborate when asked what kind of threats he received as he was just saying that he had been threatened two weeks after he submitted the result of his investigation to the offices of Mayor Rolando Uy and Vice Mayor Jocelyn Rodriguez.
“Dili tawag, personal gi relay sa ako nga maaayo daw na…maghinay hinay lang kay kabalo na ko unsay mahitabo sa sunod,” claimed Judith.
It may be recalled that Judith filed a resolution requesting the CSWD to give a status report on the distribution of Covid-19 Cash Assistance from 2020 to 2021.
In the same month last year, he was appointed chairperson of the ad hoc committee that would conduct a reinvestigation on the said distribution of Covid-19 cash assistance.
“I won’t change my stand,” said Judith adding that he just completed the investigation and submitted the report and the media can have access to it.
There is no compromise in that. There has to be accountability to the law and to the people, Judith explained.
It is for this reason that we need not shirk from the responsibility to pursue those who betrayed the public trust for their gains-regardless of position, wealth, or status, he said.
“If you want the names, it’s there. Nothing they could do about it,” Judith added.
Judith reiterated that the reinvestigation was conducted to ensure transparency in the disbursement of public funds and the Ad Hoc Committee was created under Resolution No. 01-2022 of the Committee on Social Services under the 20th City Council.
"The report merely seeks to disclose, after an investigation conducted on the evidence in light, whether the cited officials are indeed accountable for the misappropriation of the controversial cash ayuda in the public sphere as a political exercise,” said Judith.
It would be an entirely different matter altogether if the people would file the appropriate criminal and administrative charges with the ombudsman if they deem it so, according to Judith
On August 4, 2021, Judith said the city government received a check worth P767.824 million from the DSWD.
Judith said the CSWD will be requested to provide a comprehensive status report of the amelioration assistance, which was distributed to selected beneficiaries in the city when it was placed under Enhanced Community Quarantine (ECQ) sometime in 2021.
Meanwhile, in a report provided by the then City Information Office, it has already achieved a 99.75% payout percentage or P765,904,000 from the total budget of P767,824,000 provided by the CSWD as of August 31, leaving only P1,919,000 of unclaimed special aid.
It was also confirmed that the city government received a total of P767,824,000 in funds from the welfare department.
Of this, P765,886,000 was claimed by 293,109 beneficiaries (families and individuals).
However, residents in Cagayan de Oro took to social media to question the 99.75% payout percentage announced by the local government of Cagayan de Oro City on August 31.
Judith said many concerned residents insist that they are confused with the percentage saying a significant number of beneficiaries who are both on the “clean list” and the second batch who have yet to receive their special “ayuda” from the DSWD to families who have been affected by the enhanced community quarantine in the city.
In a 10-page Ad Hoc report submitted by Judith to the council, the committee determined two major problems with the ayuda distribution: the issue with double or triple entries and the names of beneficiaries appeared on the payout list indicating that they have duly received the amount but did not receive it.
At least four barangays namely, Nazareth, Balulang, Bugo, and Canitoan have problems with the issue of double or triple entries.
Based on the report, said that there was a sampling of those appearing on the list but reportedly did not receive their cash assistance in which case, they executed an affidavit to that effect.
Barangay Chair Julito Ogsimer of Lapasan and Brgy. Chair Vic Talingting of Bugo testified on the problems hounding the cash aid distribution in their respective barangay.
It said the CSWD never coordinated with them for the cash aid distribution even though they were asked to submit a list of beneficiaries from their barangay and which they complied with but turned out to be useless because the eventual payout list did not include their list of identified beneficiaries in their respective barangay.
Based on the findings, it said that the principal characters in the cash aid distribution are Teodoro "Teddy" A. Sabuga-a, Jr. as acting city administrator and acting CSWD head; and Michael Christopher E. Fabello as CSWD overseer.
“It may be noted that Mayor Oscar Moreno's involvement in the entire process is conveniently low-key but his absolute control of the operations is public knowledge. It is an undeniable fact that he had full control and supervision over the two city officials,” the report said.
It is pretty inconceivable for Mayor Moreno not to have known the operations of his department heads especially Mr. Sabuga-a because in matters of social services, he gave wide latitude and authority to him as acting city administrator and acting CSWD head and there was never any incident that he took a contrary stand or renounced whatever pronouncements made by the little mayor cum department head, it added.
In short, just like the doctrine of qualified political agency but at the local level, the actions taken by Mr. Sabuga-a (as well as Mr. Fabello) in the performance of his official duties have deemed the acts of the mayor unless the mayor himself disapproves such acts.
Moreover, the report added that "the fact that Mr. Sabuga-a, although not qualified, continued to serve in an acting capacity in both positions (as acting city administrator and acting social welfare and services head) throughout the term of Mayor Moreno is indicative of the highly sensitive nature of their relationship and the absolute trust and confidence reposed in him.”
Mayor Oscar Moreno's participation may not be obvious but he is equally accountable just the same. It was a clever move on his part not to appear to be directly involved in the process. He thought he could shield himself from the controversies hounding the cash aid distribution or ayuda with this kind of setup or arrangement. However, there is no escape as the truth will always come out no matter what.
Jasmin T. Maagad, the city treasurer, is cited as one of the officials in connection therewith. However, she had no connection with it other than receiving the check together with Mr. Sabuga-a and Mr. Fabello. She would have to make her compliance with the auditing requirements of the national treasury and the Department of Budget and Management (DBM).
Moreover, the report also said that there is no question about good faith but there are lapses on the part of the city council through the committee on social services to properly exercise its legislative oversight function.
“This is as far as we can go at this point as such is not the issue here but that of the executive function of concerned department heads, together with the city mayor, on the supposed distribution of the controversial cash aid.
Also, parts of the report said that Councilor Joyleen Mercedes L. Balaba would insist otherwise. However, a careful perusal of the minutes or transcript of the specific session of the 19th City Council tackling the matter thereof would belie this.
Even a former member of that council, Enrico Dael Salcedo, testified to the effect that there was no proper resolution of the issues surrounding the controversial cash aid or ayuda in any of the sessions of the city council.
“The determination or finding made in this report is not in the language of a court as to the cited officials being guilty or not; nor that of a prosecutor in which there is a recommendation for the filing of cases after a finding of probable cause,” the report said.
Judith said that it is still the call of CSWD to enlighten the residents of the city on all cash aid issues.
“The people may not be deprived of their right to know the truth,” said Judith.
Meanwhile, Balaba explained that there was a mechanism in place, for the distribution of the said special ayuda, with coordination from national government agencies, such as the DILG and COA, which closely monitored the pay-out.
Balaba even cited that there was even a grievance committee created to address any irregularities in its implementation.
“As this council, is a collegial body, whose members, elected by the people, make decisions on behalf of the local government through formal meeting process, following certain rules and procedures,” said Balaba.
Balaba in her speech reminded Judith and all of her colleagues, that they do not have any authority to act or make decisions as individuals.
She even clarified that this is the universal definition of the role of a council member.
“Our main function, on the other hand, as members of the collegial legislative body is to investigate aid of legislation,” said Balaba, adding that councilors make ordinances and resolutions or amend or improve existing ordinances.
“We are not a prosecutorial body, conducting investigations to incriminate a certain or few personalities for political gain,” said Balaba.
Balaba explained that for reasons of transparency, objectivity, and impartiality, the Committee on Social Services, she accommodated Judith his request for re-investigation while was not yet a member of the previous 19th city council.
“It is quite understandable, that he would raise the issue again, which I happen to chair, for the second time,” said Balaba adding the Ad Hoc committee, which he, himself chaired, created on August 23, 2022, conducted its first meeting on September 13, 2022.
The ad hoc committee, allowed by our house rules, to conduct its probe, within 90 days from its creation —- should have been terminated in December, according to Balaba.
For humanitarian reasons, this office, according to Balaba gave Councilor Judith, some allowances to prepare and submit his report.
"The record will show that Councilor Judith received our motion requesting him to submit his findings on February 9, 2023,” she said.
Balaba also asked the council if proper for a public official, specifically, a city councilor, to report to the media and called for an interview first, before performing his duty and his responsibility to submit whatever findings he has gathered to the mother committee.
“And are his findings, in aid of legislation? Or was it only to incriminate personalities?,” asked Balaba.
Giving interviews over radio programs and discussing his reports on air, can we not consider, that our colleague was resorting to trial by publicity?, added Balaba.
“Can we not consider this, as an unethical behavior, a conduct unbecoming of a city councilor,” said Balaba adding that as chair of the committee on social services, she felt bypassed by how Judith handled the issue.
“I can assure this august body, I can confidently say that I am as adamant and as determined to know the truth… not only in the ayuda distribution but in all undertakings of this government,” Balaba explained.
Balaba reiterated that council members make legislations to better promote and protect the interest and better improve the lives of the people they serve.
“If what I am saying now, has a semblance of complaint against my fellow councilor for nonfeasance,” said Balaba adding that for the sake of her colleagues who are not familiar with the legal term nonfeasance is the failure to act where the action is required willfully or in neglect then so be it, as she believes that Judith violated procedural rules.
To end her special report, Balaba brought the matter before the Committees on Ethics and Laws and Rules, to clearly define, for the sake of all the members, the proper protocol and procedures of the conduct of the investigation.
