These projects were considered “non-procurement and implementation-ready” based on Section 3.2 of the Department of Budget and Management-Department of Finance-Department of the Interior and Local Government Joint Memorandum Circular 1 issued on Nov. 4, 2020.
COA reported that the local government unit (LGU) of Consolacion in northern Cebu failed to make these projects that were funded out of the 20 percent Development Funds “well-planned and procurement-and-implementation-ready,” depriving its constituents of the socio-economic, environmental benefits and immediate use of the facilities.
In its Audit Report 2022, COA identified the eight projects as the construction of the two-story evacuation center at Barangay Lapiga, construction/improvement of the potable water system in Barangay Lanipga and Tolotolo, construction of drainage line in Barangay Tugbongan, fencing of the Consolacion Community College in Barangay Nangka, and road opening and concreting at Garing-Polog, Lanipga and Simborio-Tayud.
Right of way
State auditors said the delays and suspensions of these projects were attributed to right-of-way issues due to revision of project specifications, overlapping of work with the other projects of the Department of Public Works and Highways (DPWH) and the onslaught of Typhoon Odette (Rai) in December 2021.
The road opening project in Barangay Garing to Polog and road concreting project in Simborio-Tayud have encountered delays due to right-of-way issues that were the result of revisions in the specification in the projects, according to the COA audit report.
The road projects were increased to six meters in width, thus affecting nearby settlements.
The construction of the evacuation center and the rehabilitation of the road leading to it in Barangay Lanipga were suspended due to prioritization on the construction of the DPWH’s multipurpose building project in the area.
On the other hand, the construction or improvement projects of the potable water system, drainage line in Barangay Lanipga, Tolotolo and Tugbongan, as well as the fencing of the community college were interrupted not only by Typhoon Odette, but also by right-of-way issues and claimants of the lot.
However, construction work has resumed on these projects as these issues were resolved.
Failed to plan
COA said the delays in the road opening project in Garing to Polog and road concreting project in Simborio-Tayud resulted from the municipality’s failure to judiciously and meticulously plan the projects during the procurement stage.
Section 7.1 of the Revised Implementing Rules and Regulations (IRR) of Republic Act 9184 (the Government Procurement Reform Act of 2003) provides that during the procurement planning of the project, the detailed engineering such as preparations of the site or the right-of-way plans including the schedule of the acquisition must be done, the state auditor argued.
Section 1 of Annex A of the Revised IRR of RA 9184 also states that the detailed engineering shall only proceed on the availability of the feasibility or the preliminary engineering study. This establishes the technical viability or success of the project and conformance to the land use and zoning guidelines under existing laws.
To prevent or minimize such cases that cause delays or suspension of projects, COA recommended more extensive site investigation during the preparation of the detailed engineering, which the Consolacion LGU, through its municipal engineer, agreed to.
The Municipal Planning and Development Coordinator was also advised to include in the Annual Investment Plan and proposed budget only those projects that are “implementation ready.”