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P90 M bond flotation for Nabunturan market opposed

By Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)

NABUNTURAN, Compostela Valley)- The move of the municipal government of Nabunturan to engage into ten-year bond flotation costing P90 million to finance for the construction of a new market building has been opposed by several sectors over its exorbitant amount including its project components.

Already, the pre-final edition of the feasibility study for the bond flotation was approved in a resolution three weeks ago by majority of the Sangguniang Bayan led by Vice Mayor Romeo Clarin and proponent Councilor Iluminada Cabuga amid vehement opposition by Councilors Raul Caballero and Alfonso Tabas Jr.

Bond flotation here would mean that the Nabunturan local government unit would issue and sell interest-bearing paper bonds with which would be paid up until ten years to individuals, government banks or private firms, the proceeds of which would be used for the construction project of the town's public market building. If there is no bond buyer who is assumed to be the investor of the project, the bond flotation underwriter firm would underwrite the bonds in bulk and sell it to institutional buyers.

Bonds bought in this case would mean the obligations (capital, interest and other charges) incurred by the municipal government which it would pay in installments from its Internal Revenue Allotment (IRA) that has been assigned as source and collateral to the sinking fund repayment to the obligations.

Ideally, proceeds or collections from the project (public market building) to where the bond flotation was intended should be enough to pay for the obligations but practically the IRA is stashed to make up for the repayments of obligations.

Two weeks ago, a public hearing on the bond flotation was made by the executive and legislative departments without the presence of third-termer Mayor Macario Humol but howls of protest were raised by vocal participants led by Tabas.

Oppositors slammed the project's staggering cost which is P90 million and several of its components as exorbitant and feared that delivery of basic social services would be strained after Humol's term as the Internal Revenue Allotment (IRA) of the town will be tapped to pay for the obligations backing up the bonds.

Based on the feasibility study alone prepared by the project's financial adviser and consultant, Preferred Ventures Corp. only some P84 million will go directly to construction of the planned public market building, which has lot area of 1,700 square meters.

Tabas charged as "too expensive" the pre-construction components that include architectural and engineering design amounting to P6,057,465 , site development with P3,682,264, general requirements, P1,200,331, while P73,059,940. is allotted for the construction of the new public market building which would stand in the area where the old market spaces were razed to the ground by a fire over two years ago.

Oppositors charged as prohibitive are the P2.7 million for the 3% consultancy fee which will go to Preferred Ventures Corp as the project financial adviser, P1,350,000.00 for underwriter fee (1.5%), P900,000 guarantee fee (.05%-1.25%), and the P450,000 trustee fee (.5%), all which would be paid during the first year repayment period.

First the year alone, the municipal government would have to pay a total of P15.3 million, of which about P9.9 million goes for interest payment, Tabas disclosed.

Councilor Caballero appealed to his colleagues in the council not to push the bond flotation saying that ultimately it is disadvantageous to the local government as what the comparative study of the local finance committee showed earlier.

The Nabunturan Local Finance Committee reportedly released its comparative study late last year revealing that if the project is financed through a loan on various terms Landbank repayment for the first year repayment showed having only P4,836,750 at the least while the Development Bank of the Philippines has only P13,303,167.

The same study noted that on the second year, repayment would reach P45,047,600 under the bond flotation, while LandBank and DBP loans would only have P25,649,250and P40,633,750, respectively.

Oppositors also said that small stall holders who were victims of the fire would be displaced as the new public building would have high rentals for the spaces which in effect trigger high prices of basic commodities in town.

They claimed that stall holders having 18 square-meter space would have to pay a monthly rental of P11,340 after paying P68,040 for the three months advance rentals.

Tabas alleged the several councilors from the majority went for a study tour on bond flotation this year to Calatagan, Batangas where personnel from Preferred Ventures Corp. met with and accommodated them.

Meanwhile, Mayor Cesar Colina of Maragusan has reportedly commented last week that he was able finish the construction of his town's 96-stall public market building as replacement to the one that was also gutted by fire three years ago at a cost of P3.4 million only using his government's own resources, in obvious comment to the bond flotation plan of Nabunturan. – Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)


Nabunturan LGU consultant has record of failed bond flotation projects

By Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)

(NABUNTURAN, Compostela Valley)- The financial adviser chosen by the municipal government of Nabunturan for its P90-million bond flotation for the construction of new public market building has at least two cases where bond floats for local governments had failed or went bust that dragged a town mayor to be convicted of graft and criminal cases.

This as allegation surfaced recently that the Preferred Ventures Corporation, the consultant tapped by Mayor Macario Humol to assist in the ongoing bond flotation process in his town, has fraternized with and "accommodated well" several Sanggunian members during their study tour on bond flotation early this year at Calatagan, Batangas, where bond flotation was made through the Preferred Ventures.

Councilor Alfonso Tabas Jr questioned the propriety of the meeting between Preferred Ventures personnel and his colleagues while the resolution on the bond flotation for Nabunturan was still being deliberated by the council early this year. Tabas and Councilor Raul Caballero did not join in the study tour.

The firm stand to cough up a whooping P2.7 million for its consultancy and financial advisorship from the project as shown in the feasibility study which was approved by the sanggunian majority two weeks ago amid vehement objection by Tabas and Caballero.

Preferred Ventures, identified online to be owned by economist and investment banker Dr Sixto Kalaw Roxas, with his president Danilo V. Fausto and headquarters based in Mega Plaza in Ortigas Center, Pasig City.

The firm is reported to offer a consultancy fee for bond flotation on "no cure, no pay" basis, that is, the fee is contingent on the amount of bonds that shall be floated.

But it could not yet be readily known at press time if the consultancy services of Preferred Ventures was procured by Mayor Humol on bidding or whether the firm has initially received some fees as it started its consultancy work since last year.

FAILED TRACK RECORD

It was on Preferred Ventures consultancy that the P25-million housing bond in Claveria, Misamis Oriental took off in 1994. On its implementation former Misamis Oriental Governor Antonio Calingin, then the mayor of the town, was later convicted by the Ombudsman of 47 graft and criminal cases for malversation of proceeds from bond flotation.

The brother of the mayor was also caught with his hand inside the cookie jar of cornering the rentals of heavy equipment used in the construction of the housing project.

In Claveria bond flotation, proceeds from the housing project did not manage to reach 50 percent of the bonds floated resulting to the net loss of the project which was inherited by the administration next to Calingin's.

Preferred Ventures also caused for the P40-million bond flotation for the jetty port and terminal building in Aklan province in 2000. But nobody bought bonds for the project resulting to the repayment of the provincial government of more added costs for the underwriting of the project.

Through its underwriter, RCBC Capital Corp. (RCBC), fortunately the Aklan government succeeded to shore up capital from institutional buyers.

Aklan though is fortunate to a Boracay Island to where the jetty and terminal project in Caticlan was intended. Due to its tourists that have been served by the projects the bond flotation paid off.

"Bond flotation is not for every local government unit. There are projects that can easily be funded with direct loans without the local government being saddled with added charges and conditions that come with bonds," said provincial accountant Ma. Victoria Salido in a report.

In Aklan case, the provincial government decided to reduce the amount of bond careful that its delivery of basic services would not be strained as a sizable amount of its IRA was assigned as guarantee for repayment of the bonds.

A HIGH-RISK VENTURE

Meanwhile, an LGU Guarantee Corporation report to Asian Development Bank has assessed that bond flotation as still a high-risk venture stating that private investors are prone not to choose LGU bonds which have no national guarantee or tax benefits, over treasury bills and treasury notes, which have zero risk as they are guaranteed by the national Government.

"The private financial sector is not yet prepared to accept LGU risks without any form of credit enhancement, considering LGUs as high-risk, highly politicized entities," it said.

CRITICS

At prestime, the Nabunturan bond flotation, which is now in the works, is saddled with criticisms over its exorbitant bond amount and its project components.

Charged as prohibitive and "too expensive" are the high repayments to bond obligations and interests, architectural and engineering design amounting to P6,057,465, site development, P3,682,264, general requirements, P1,200,331, P2.7 million for the 3% consultancy fee, P1,350,000.00 for underwriter fee (1.5%), P900,000 guarantee fee (.05%-1.25%), and the P450,000 trustee fee (.5%).

Critics expressed surprise why Humol, Vice Mayor Romeo Clarin and the council majority are insisting for bond flotation when they could avail of a loan from either the LandBank and Development Bank of the Philippines at much lesser terms and repayments.

They said that the bond flotation option could strain much the delivery of basic services after Humol's term as the bond obligations including the interests, added and hidden costs have to be redeemed by the sinking fund put up from the town's IRA.

Oppositors also said that the project is doomed to fail citing that the town's resource and business capacity is not ripe for the bond flotation on speculation that there be no bond investors and takers of the high-priced rentals of spaces in the planned public market building.

"It's like feeding our IRA to the sharks when they could do otherwise," quipped a businessman who spoke on the condition of anonymity.

The IRA for Nabunturan in 2007 stood at P54.7 million.

BOND FLOTATION

Bond flotation here would mean that the Nabunturan local government unit would issue and sell interest-bearing paper bonds with which would be paid up until ten years to individuals, government banks or private firms, the proceeds of which would be used for the construction project of the town's public market building.

If there is no bond buyer who is assumed to be the investor of the project, the bond flotation underwriter firm would underwrite the bonds in bulk and sell it to institutional buyers.

Bonds bought in this case would mean the obligations (capital, interest and other charges) incurred by the municipal government which it would pay in installments from its Internal Revenue Allotment (IRA) that has been assigned as source and collateral to the sinking fund repayment to the obligations.

Ideally, proceeds or collections from the project (public market building) to where the bond flotation was intended should be enough to pay for the obligations but practically the IRA is stashed to make up for the repayments of obligations.- Cha Monforte, Rural Urban News) http://ruralurbanews.blogspot.com

Judge Clapis subpoenas DoF, DBM experts for say on P90 M bond float

On TRO, injunction vs. Nabunturan bond flotation

nov 13/08

NABUNTURAN- Regional Trial Court Judge Helarion Clapis here has ordered yesterday to send subpoenas to the regional offices of the Department of Finance and the Department of Budget and Management for their experts to testify and give opinions as neutral parties on the P90-million bond flotation project of the municipal administration which town oppositors seek to stop through court action.

Bond float oppositors last Friday filed at RTC-Branch 3 here last Friday a court case praying for injunction with application for writ of preliminary injunction and temporary restraining order (TRO) against respondents Mayor Macario Humol, Vice Mayor Romeo Clarin and Councilors Iluminada Cabuga, Darwin Tan, Edilberto Minoza, Vivencia Secuya, Cheryl Trinidad, ABC president Alfredo Manalop, sectoral representative Felipe Masambo and Sangguniang Kabataan president Jennifer Gamao.

Not included in the case were also oppositionist councilors Raul Caballero and Editha Arangcon.

Complainants of the case and authorized representatives of the people’s initiative petition were Councilor Alfonso Tabas, Jr. Emilio delos Reyes and newsman Cha Monforte.

The case filed was docketed as Civil Case No. 898.
The respondents have answered yesterday their comment and opposition to the case following Monday’s summons of Judge Clapis for them to enter appearance within 15 days from receipt of summons.

Only Minoza and Gamao were absent in yesterday’s hearing.

They were represented by their counsels prosecutor Ferdinand Villanueva and provincial prosecutor Graciano Arafol.

On the other hand, the complainants’ counsels were Atty. Rex Lopoz and Atty. Carlo Ancla.

In yesterday’s first hearing on the injunction with TRO, following hearing of arguments that a took a little over an hour, Judge Clapis said, citing Rule 58 on the rules of court on injunction and a “limited knowledge of this court” on bond flotation such as about its fees and costs and how it affects the people of Nabunturan, “there is a need to issue subpoenas” to DoF and DBM “to testify and inform this court on the effects of bond flotation, whether or not it would be for the benefit or disadvantage of the people”.

He said that the court has the power to impose an injunction to a government unit if there is a need for “special probationary remedy to correct an error”.
He said there is a need for experts from neutral parties and not those coming from local parties on the bond flotation to enlighten his court whether he would issue an injunction or not.

He ordered his court sheriff Rene Suarez to serve the summons to DoF and DBM today and scheduled the next hearing Thursday next week, Nov. 20. (Rural Urban News) http://ruralurbanews.blogspot.com

NEWS: Minority councilors call for new public hearing on P90 M bond float

oct 29, 2008

NABUNTURAN- The minority councilors opposing the controversial P90-million bond flotation of the municipal government managed yesterday in their session for the backtracking of the steps the majority councilors by putting anew for questioning the project and its feasibility study and particulars with the participation of the municipal accountant.

Opposing Councilors Alfonso “Jun” Tabas and Raul Caballero got their motion approved to call in municipal accountant Gilda Savellano in their next session by Monday to give her opinion on the Terms of Reference (TOR) for the P90-million municipal bond float that would fund for the construction of a new public market building.

Savellano, a member of the Local Finance Committee, accordingly has preferred a loan option and not the bond flotation which in the earlier LFC recommendation tagged as more costly and has uncertain terms that could potentially run havoc to government yearly budgeting.

Surprisingly, pro-bond float councilor Eddie Minoza, LFC chairman, suddenly moved for the deferment of the discussion of the TOR.

But Councilor Tabas was quick to call for a new public hearing on the TOR, that for the recent three sessions including yesterday has been sought for approval by the majority.

The consensus of six present deliberating councilors was reached to put it on public hearing although the presiding officer Councilor Iluminada Cabuga was insistent to put the TOR on “thorough discussion”.

Vice Mayor Romeo Clarin was not presiding as he reportedly graced an affair at the municipal gym for being the town’s OIC Mayor.

Mayor Macario Humol was accordingly out of town.

Also present in yesterday’s session were pro-bond float Councilors Vivencia Secuya and Cheryl Asion, and also opposing Councilor Editha Arangcon.

The town’s oppositionists have charged the P90-million as exorbitant, extravagant and grossly disadvantageous to the government as spelled out in their running people’s initiative petition to repeal the ordinance approving the project.

Last week, the sanggunian majority denied the petition filed last Sept. 25 but petitioners bounced back by girding to prepare at press time to lodge the petition in higher phase at the Comelec level which they hope could finally result to a people’s referendum to decide the fate of the controversial project. (Cha Monforte/Rural Urban News) http://ruralurbanews/blogspot.com

People’s initiative petition filed vs. LGU P90 M bond flotation in Compostela Valley town

(Sept. 25, 2008, NABUNTURAN, Compostela Valley) - The people’s initiative petition seeking to repeal the controversial ordinance approving the P90-million bond flotation project of the municipal government of this town was finally filed to the local sanggunian Wednesday.

The bond flotation seeks to fund for the construction of a new public market building.

The Nabunturan initiative petition runs as the first test case in the exercise of people’s initiative in Mindanao as provided by the Constitution while only a couple of cases have been reportedly made in Luzon.

The petitioners led by Councilor Raul Caballero were composed of the authorized representatives of the petition, youth leaders, and representatives of public market vendors, who have since been apprehensive of being dislocated once the project is materialized.

Antonio M.I. Mencidor, one of the authorized representatives of the petitioners, said that their petition is not meant to obstruct development but stop the extravagant, exorbitant and expensive bond flotation project.

He added that the municipal bond float was rejected even by the town’s Local Finance Committee for its “uncertain terms”.

The petition seeks to repeal Municipal Ordinance No. 2008-10 which approved the P90-million bond flotation pushed by Mayor Macario Humol, Vice Mayor Romeo Clarin and eight of the eleven town councilors.

Also opposing the project are Councilors Alfonso Tabas Jr and Editha Arangcon.

Lead counsel of the initiative petitioners is Atty. Dexter Lopoz.

Petitioners stated that under Sections 120, 121 and 122 of the Local Government Code of 1991, local Initiative is resorted to or initiated by a minimum of 100 registered voters of the municipality directly in order “to repeal a clearly oppressive and grossly disadvantageous local ordinance which if not repealed will result to great wastage to taxpayers’ money, dissipate the coffers of the local government unit and more importantly, displace hundreds of market vendors from the said facility resulting to loss of income, loss of jobs and grievous economic injuries to the ordinary citizens of Nabunturan”.

They charged that “the nature of bond flotation with its floating rates of interest plus the numerous underwriting, trusteeship, guarantee and consultancy fees (all of which are recurring expenses save for the one-time consultancy fee of P2,700,000.00), the actual cost of bond flotation and its ensuing operations cost cannot be fully ascertained”.

They stated that compared to bond flotation, a loan from a Government Financial Institution (GFI) has the “cost of borrowing properly stated and easily provided in the budget” aside from the fact that “easier terms can be negotiated with the depository bank”.

They charged that as found out by the LFC during the two (2) years while the public market is under construction, the LGU of Nabunturan will already spend P39,600,000 on interest payments alone as compared to only a projected total interest payments for GFI borrowing at P30,933,750 for the same period of time.

For among these, the petitioners charged the “whopping P9,000,000 difference in interest payments making the bond flotation project prove to be grossly disadvantageous to the government”. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

 

Municipal councilors baffled on P40 M loan for Nabunturan bond float

The P40 million borrowing approved by the majority in Tuesday’s session of the Sangguniang Bayan of Nabunturan has baffled three councilors opposing the controversial P90-million bond flotation which is starting to be fully underway at present.

Opposing Councilors Raul Caballero, Alfonso “Jun” Tabas Jr and Editha Arangcon were reportedly confused over the item “P40 million borrowing” included in the P42.84-million second supplemental budget ordinance that was passed after Vice Mayor Romeo Clarin reportedly cut short Tabas by suddenly calling for the voting of the measure with words “para mahuman na ni” (so this will end).

By that, Tabas was reportedly restrained while on the thick of debating amidst the alleged ganging up of the majority members on him.
The pro-bond float majority immediately voted and passed the budget ordinance following rowdy deliberation with the questioning minority councilors.

Tabas said in an interview that he was confused over the purpose and source of the borrowing, which has not specified any government financing institution.

He said that the P40-million borrowing was not a transparent item as it neither said of a bank nor said it would go for the bond flotation’s obligations.

Caballero, on the other hand, said that the measure rushed by the majority only confirmed the suspicion that under the bond flotation the municipal government would borrow after all contrary to what has been propagandized earlier that the scheme would not contract a loan but only source money from the bond float investors.

In the budget ordinance sought as urgent by Mayor Macario Humol, the P40-million borrowing was stated to be the budget for the construction of the commercial market complex, the object of the bond float project.

Also on Tuesday’s session a resolution was approved by the majority which lifted the confidentiality of the bank accounts of the municipal government in its depository bank, Land Bank of the Philippines in so far as the Department of Finance and the Central Bank are concerned.

Proponents said it was a requirement under the bond flotation project to allow the DoF and Central Bank to assess the financial standing including the Internal Revenue Allotment remittances for the proponent local government unit.

As required, the DoF would still assess the feasibility study of the project before it will make its endorsement for the final go signal for the funding start of the project.

As this developed, bond float oppositors have reportedly heightened their signature campaign to repeal the controversial ordinance under the people’s initiative provision as spelled out under the Local Government Code.

Also on Tuesday, oppositors mostly coming from the market vendors whose stalls were gutted by fire three years ago signed the petition at the open municipal gym at the public market. They were joined in by the minority councilors.

The town’s market vendors have been apprehensive that the project would dislocate them from their livelihood as the proposed public market building has high monthly rentals amounting to not less than P10,500 for the minimum 10-square meter stall based on the approved project’s feasibility study.

The bond float has been criticized to be exorbitant and expensive project that the oppositors said would not only dislocate the lowly market vendors but also strain the delivery of basic government services in the next ten years after the term of the last-termer mayor.

They said that that the town’s IRA is made the sinking-fund source and collateral for the obligations attendant to bond float. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

posted: aug 13/08

Referendum in Nabunturan sought; Bond float oppositors take people’s initiative route

By Cha Monforte

Oppositors to the P90-million bond flotation in the Nabunturan, Compostela Valley have immediately shifted to their Plan B, that is to launch a people’s initiative leading to a referendum to decide whether to proceed or not with the controversial bond float following Wednesday’s confirmation of the provincial board on the municipal resolution approving it.

“It’s not over yet,” said Antonio Mencidor, spokesman of the oppositors to the P90-million bond flotation being pushed by Mayor Macario Humol.

Mencidor bared that they have just prepared a petition for people’s initiative projecting an eventual confirmation of the Sangguniang Panlalawigan.

He bared that oppositors are starting to gather signatures of at least 100 registered voters as required under the provisions on local initiative of the local government code.

He said that they wanted the people of Nabunturan to decide in a referendum whether or not they want the bond float to proceed.

In last Wednesday’s Sangguniang Panlalawigan session attended by 11 boardmembers, 6 “yes” votes over the 4 “no” votes were cast on nominal voting, thus confirming Municipal Resolution No. 10-2008 which approved the feasibility study for the 10-year bond flotation that would fund for the construction of a new public market building in town.

In a gallery largely filled by an anti-bond flotation crowd, acting presiding officer Boardmember Maria Carmen Zamora-Apsay had to admonish for several times the lobbying oppositors who cheered for the opposing Boardmember Dexter Lopoz, a lawyer, who locked horns with the proponent Boardmember Ruwel Peter Gonzaga, also a lawyer, in a two-hour debate and interpellation during the privilege hour that sliced up the supposed calendared agenda of the session.

Vice Governor Ramil Gentugaya was not presiding as he was on official business in Manila.

Voting “yes” were Boardmembers Gonzaga, Cesar Richa, Moran Takasan, Rogelio Arambala, all of the District 2, PCL Representative Joselien Romano and Paul Galicia, both of District 1.

Voting “no” were Boardmembers Lopoz, Neri Barte, Armando Codilla, all of District 1, and Boardmember Ruben Flores of District 2.

Flores, a former Nabunturan mayor, and allied with the original Lakas majority, made a surprise when he voted in negative. He was later on congratulated by the anti-flotation crowd in the gallery.

“Nabunturan voters will be marking off the District 2 boardmembers who voted yes to the detriment of the people,” one of the lobbying market vendors was quoted as saying after the SP confirmed the resolution. Referred to were Gonzaga, Richa, Takasan and Arambala.

The oppositors have been charging that the bond flotation is so expensive with exorbitant charges and fees that are “grossly disadvantageous to the government”.

Also, market vendors have been apprehensive they could be displaced in the planned new market building where high monthly rentals are pegged in the feasibility study as a minimum of 10 square-meter stall could readily fetch a P10,500 monthly rental. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

Brillantes twits P90-M Nabunturan bond float; It’s already 3-4 big projects for him

By Cha Monforte

Monkayo Mayor Manuel Brillantes Jr. has made sort of verbal sniping to the controversial P90-million bond flotation in Nabunturan when he recently remarked that the amount of which could already make up to three to four big infrastructure projects in his own municipality in today’s prices.

“Not only one but three to four,” he said to a question posed by the press.

He added though he was only estimating, taking into account the current high inflationary rates, and should not be misconstrued as intervening in the internal affairs of Nabunturan.

The question was posed as Brillantes made ostensible accomplishments in his own town after he has served for one three-year term and one year in his current second term as mayor in his town.

During this four-year period, Brillantes had completed through bank borrowings four sparklingly modern, high impact projects that include the P16-million new municipal hall, P16-million new municipal gym, P11-million new market building and P11-million solid waste management system.

In sum , he accomplished four big projects at a total of P54 million only, compared to the P90 million for only one public market building.

Observers said that even the old-time pioneers in the Monkayo have been surprised to see that their town’s poblacion has experienced great facelift under the leadership of Brillantes, who came only in Monkayo in the 80s from outside to join the gold rush in Diwalwal.

The Brillanteses are known to have big mining operations in Diwalwal. They started from the scratch of small scale mining during the heyday of the gold rush.

The mayor said that he always thinks and ponders in his study table at home on what to do to develop Monkayo.

He said that when he decides it’s always well thought and deeply reflected especially the on repercussions of the project to his people.

Asked on what made him make Monkayo as it is now, “because I am not a trapo (traditional politician),” he shot back.

NEWS: “Stall rental in bond float seems excessive”- Gov. Uy

By Cha Monforte

“Morag taas ra gyud” (It seems exorbitant).

This was the opinion of Compostela Valley Governor Arturo “Chiongkee” Uy when informed of the schedule of rentals of stalls and spaces based on the feasibility study of the P90-million bond flotation which seeks to fund for the construction of a new public market building in Nabunturan town.

The governor was informed that the feasibility study showed that a minimum of 10-square meter could readily have a monthly rental of over P9,000.

He was apprised last Saturday by Boardmember Atty. Dexter Lopoz, who is opposing in the provincial board the municipal resolution approving the bond flotation project pushed by Mayor Macario Humol.

The resolution is scheduled to be taken up on plenary this coming Wednesday’s session of the provincial board after the matter was not calendared in the agenda last week.

Earlier, the joint committee of finance and legal matters recommended for the approval of the said resolution with a main ground that the legal review powers of the provincial board is limited and hence it could not question the wisdom of the bond flotation of the proponent municipality, a contention opposed by Lopoz and several of his colleagues.

Gov. Uy said that the monthly rental appears to be not affordable to small vendors although he said he has still to see for himself the papers and feasibility study of the bond flotation.

He said he would further probe on this complaint even as he said he would take a hands-off position to the controversial issue if parties would reach to courts.

The bond flotation has been protested by oppositor taxpayers and stall renters and market vendors of the old market building which was razed to the ground by a fire three years ago.

Oppositors charged that the bond flotation pushed by Mayor Humol and Vice Romeo Mayor and his majority of councilors is exorbitant and too expensive and its terms are grossly disadvantageous to the government as earlier nixed even in a comparative study made by the town’s local finance committee.

They charged as expensive and exorbitant the fees and other charges which included the P6.5 million for the architectural and engineering design alone which they dubbed as “sa papel pa lang” and other hidden fees, high interest rates, and other charges and expenditures that are much greater than or unnecessary if the municipal government resorts to mere bank borrowing.

Small stall renters and vendors in the town’s market have earlier expressed fear they would be dislocated from the project as the new public market to be constructed would have higher monthly rentals and advances which they said they could hardly afford.

Local oppositors have already mapped various legal actions including administrative case, recall and appeal for review by Department of Justice.

They charged that a project that is grossly disadvantageous to the government is violative in itself to Republic Act No. 3019, otherwise known as Anti-Graft and Corrupt Practices Act. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

Comval SP to take up controversial P90-M Nabunturan bond float

(7/7/08) The Compostela Valley provincial board will take up on plenary this coming Wednesday the controversial P90-million bond flotation of the municipality of the Nabunturan which oppositors charged earlier as grossly disadvantageous to the government.

The scheduled taking up of the municipal bond float is expecting a clash of legal luminaries among members of the provincial board and nominal voting to occur among members, sources told Sidlak.

Last week, the joint committee on finance and legal matters chaired by Boardmember Ruwel Peter Gonzaga favorably acted on the municipal resolution approving the feasibility study for the P90-million bond float which seeks to fund for the construction of a new market building that would replace for the public stalls and buildings which were gutted by a fire three years ago.

Oppositors charged that the bond flotation pushed by Mayor Macario Humol and Vice Romeo Mayor and his majority of councilors is exorbitant and too expensive and its terms are grossly disadvantageous to the government as earlier nixed even in a comparative study made by the town’s local finance committee.

Gonzaga, a lawyer and former vice governor, reportedly disempowered his committee citing arguments that the legal review powers of .the provincial board is limited and that it could not question the wisdom of the bond flotation of the proponent municipality.

But opposing Boardmember Atty. Arvin Dexter Lopoz countered that Gonzaga’s argument was flimsy as it would mean that should a municipal law is found to be glaringly contrary to law it would also go to say that the provincial board could not act on it otherwise for lack of legal review powers.

Critics of the Nabunturan bond flotation had also earlier charged that it was disadvantageous to the government for its expensive and exorbitant fees and other charges which included the P6.5 million for the architectural and engineering design alone which they dubbed as “sa papel pa lang” and other hidden fees, high interest rates, and other charges and expenditures that are much greater than or unnecessary if the municipal government resorts to mere bank borrowing.

Small stall renters and vendors in the town’s market have earlier expressed fear they would be dislocated from the project as the new public market to be constructed would have higher monthly rentals and advances which they said they could hardly afford.

In the feasibility study, a meter 10-square meter stall would have over P9,000 monthly rental.

Local oppositors have already mapped various legal actions including administrative case, recall and appeal for review by Department of Justice.

They charged that a project that is grossly disadvantageous to the government is violative in itself to Republic Act No. 3019, otherwise known as Anti-Graft and Corrupt Practices Act. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

Comval SP refers controversial Nabunturan P90-M bond float to committee

The Compostela Valley provincial board has referred the municipal resolution approving the P90 million bond flotation in Nabunturan town to a joint committee for a study during their session Wednesday.

But local critics of the bond flotation have expressed fear that the committee referral could be overtaken by the 30-day required period for Sangguniang Panlalawigan confirmation.

They charged that the SP legal committee chaired by Boardmember Peter Ruwel Gonzaga is presently too saddled with referred legal cases and delays of recommending legal matters which need lengthy of time of study, probe and recommendation.

The SP on Wednesday constituted a joint committee composed of the committee on legal matters and the committee on budget and finance, each of which have to make its study and recommendation to the joint committee created which would recommend to the whole SP on whether to confirm or not the municipal resolution approving the feasibility study for the P90 million bond flotation.

Once the legal committee drags its foot in not acting alone on Nabunturan resolution beyond a month’s time as required under the Local Government Code, the resolution is deemed approved and confirmed.

Boardmember Dexter Lopoz of District 1 earlier opposed the municipal resolution charging that the terms and conditions of bond flotation are “grossly disadvantageous” to the government.

The approval of the said resolution could lay the legal groundwork for the controversial bond flotation in town to proceed.

Oppositors have charged the municipal bond float Mayor Macario Humol is pursuing in his last term is “so expensive” and its projects components are laden with exorbitant and unnecessary fees and hidden charges such as the P6.7 million for the architectural and engineering design, P2.7 million consultancy fee and P2.8 million underwriter and guarantee fees.

They also questioned the mayor’s insistence to pursue the project despite the adverse findings of the municipal local finance committee showing the total expenditure of a bond float is at least P14 million greater than the expenditure of resorting to borrowing with the Development Bank of the Philippines with the staggering P19.8 million for interest payment alone for the first two years.

Earlier, Vice Mayor Romeo Clarin and nine of the 11 councilors who are in favor to the project were reported to have been “well accommodated” by the project’s financial adviser-consultant Preferred Ventures Corp. when they made a study tour to Calatagan, Batangas to know of Calatagan’s bond float early this year.

A source from the councilor’s majority said that the Calatagan public market which was the subject of bond flotation brokered by Preferred Ventures is largely idle with a handful of renters at present.

Small market vendors in Nabunturan are also worried that they would be displaced in the new market building sought for bond float financing as it pegs high monthly rentals of stalls.

Meanwhile, sources said that oppositors have reportedly mapped out legal actions to stop the town’s bond flotation including filing of administrative cases, temporary restraining order (TRO), petition for review by the Department of Justice and recall and initiative against the officials who approved the bond float project. (Cha Monforte/Rural Urban News) http://ruralurbanews.blogspot.com

P90 M bond flotation for Nabunturan market opposed

By Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)

(NABUNTURAN, Compostela Valley)- The move of the municipal government of Nabunturan to engage into ten-year bond flotation costing P90 million to finance for the construction of a new market building has been opposed by several sectors over its exorbitant amount including its project components.

Already, the pre-final edition of the feasibility study for the bond flotation was approved in a resolution three weeks ago by majority of the Sangguniang Bayan led by Vice Mayor Romeo Clarin and proponent Councilor Iluminada Cabuga amid vehement opposition by Councilors Raul Caballero and Alfonso Tabas Jr.

Bond flotation here would mean that the Nabunturan local government unit would issue and sell interest-bearing paper bonds with which would be paid up until ten years to individuals, government banks or private firms, the proceeds of which would be used for the construction project of the town’s public market building. If there is no bond buyer who is assumed to be the investor of the project, the bond flotation underwriter firm would underwrite the bonds in bulk and sell it to institutional buyers.

Bonds bought in this case would mean the obligations (capital, interest and other charges) incurred by the municipal government which it would pay in installments from its Internal Revenue Allotment (IRA) that has been assigned as source and collateral to the sinking fund repayment to the obligations.

Ideally, proceeds or collections from the project (public market building) to where the bond flotation was intended should be enough to pay for the obligations but practically the IRA is stashed to make up for the repayments of obligations.

Two weeks ago, a public hearing on the bond flotation was made by the executive and legislative departments without the presence of third-termer Mayor Macario Humol but howls of protest were raised by vocal participants led by Tabas.

Oppositors slammed the project’s staggering cost which is P90 million and several of its components as exorbitant and feared that delivery of basic social services would be strained after Humol’s term as the Internal Revenue Allotment (IRA) of the town will be tapped to pay for the obligations backing up the bonds.

Based on the feasibility study alone prepared by the project’s financial adviser and consultant, Preferred Ventures Corp. only some P84 million will go directly to construction of the planned public market building, which has lot area of 1,700 square meters.

Tabas charged as “too expensive” the pre-construction components that include architectural and engineering design amounting to P6,057,465 , site development with P3,682,264, general requirements, P1,200,331, while P73,059,940. is allotted for the construction of the new public market building which would stand in the area where the old market spaces were razed to the ground by a fire over two years ago.

Oppositors charged as prohibitive are the P2.7 million for the 3% consultancy fee which will go to Preferred Ventures Corp as the project financial adviser, P1,350,000.00 for underwriter fee (1.5%), P900,000 guarantee fee (.05%-1.25%), and the P450,000 trustee fee (.5%), all which would be paid during the first year repayment period.

First the year alone, the municipal government would have to pay a total of P15.3 million, of which about P9.9 million goes for interest payment, Tabas disclosed.

Councilor Caballero appealed to his colleagues in the council not to push the bond flotation saying that ultimately it is disadvantageous to the local government as what the comparative study of the local finance committee showed earlier.

The Nabunturan Local Finance Committee reportedly released its comparative study late last year revealing that if the project is financed through a loan on various terms Landbank repayment for the first year repayment showed having only P4,836,750 at the least while the Development Bank of the Philippines has only P13,303,167.

The same study noted that on the second year, repayment would reach P45,047,600 under the bond flotation, while LandBank and DBP loans would only have P25,649,250and P40,633,750, respectively.

Oppositors also said that small stall holders who were victims of the fire would be displaced as the new public building would have high rentals for the spaces which in effect trigger high prices of basic commodities in town.

They claimed that stall holders having 18 square-meter space would have to pay a monthly rental of P11,340 after paying P68,040 for the three months advance rentals.

Tabas alleged the several councilors from the majority went for a study tour on bond flotation this year to Calatagan, Batangas where personnel from Preferred Ventures Corp. met with and accommodated them.

Meanwhile, Mayor Cesar Colina of Maragusan has reportedly commented last week that he was able finish the construction of his town’s 96-stall public market building as replacement to the one that was also gutted by fire three years ago at a cost of P3.4 million only using his government’s own resources, in obvious comment to the bond flotation plan of Nabunturan. – Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)

Nabunturan LGU consultant has record of failed bond flotation projects

By Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)

(NABUNTURAN, Compostela Valley)- The financial adviser chosen by the municipal government of Nabunturan for its P90-million bond flotation for the construction of new public market building has at least two cases where bond floats for local governments had failed or went bust that dragged a town mayor to be convicted of graft and criminal cases.

This as allegation surfaced recently that the Preferred Ventures Corporation, the consultant tapped by Mayor Macario Humol to assist in the ongoing bond flotation process in his town, has fraternized with and “accommodated well” several Sanggunian members during their study tour on bond flotation early this year at Calatagan, Batangas, where bond flotation was made through the Preferred Ventures.

Councilor Alfonso Tabas Jr questioned the propriety of the meeting between Preferred Ventures personnel and his colleagues while the resolution on the bond flotation for Nabunturan was still being deliberated by the council early this year. Tabas and Councilor Raul Caballero did not join in the study tour.

The firm stand to cough up a whooping P2.7 million for its consultancy and financial advisorship from the project as shown in the feasibility study which was approved by the sanggunian majority two weeks ago amid vehement objection by Tabas and Caballero.

Preferred Ventures, identified online to be owned by economist and investment banker Dr Sixto Kalaw Roxas, with his president Danilo V. Fausto and headquarters based in Mega Plaza in Ortigas Center, Pasig City.

The firm is reported to offer a consultancy fee for bond flotation on “no cure, no pay” basis, that is, the fee is contingent on the amount of bonds that shall be floated.

But it could not yet be readily known at press time if the consultancy services of Preferred Ventures was procured by Mayor Humol on bidding or whether the firm has initially received some fees as it started its consultancy work since last year.

FAILED TRACK RECORD

It was on Preferred Ventures consultancy that the P25-million housing bond in Claveria, Misamis Oriental took off in 1994. On its implementation former Misamis Oriental Governor Antonio Calingin, then the mayor of the town, was later convicted by the Ombudsman of 47 graft and criminal cases for malversation of proceeds from bond flotation.

The brother of the mayor was also caught with his hand inside the cookie jar of cornering the rentals of heavy equipment used in the construction of the housing project.

In Claveria bond flotation, proceeds from the housing project did not manage to reach 50 percent of the bonds floated resulting to the net loss of the project which was inherited by the administration next to Calingin’s.

Preferred Ventures also caused for the P40-million bond flotation for the jetty port and terminal building in Aklan province in 2000. But nobody bought bonds for the project resulting to the repayment of the provincial government of more added costs for the underwriting of the project.

Through its underwriter, RCBC Capital Corp. (RCBC), fortunately the Aklan government succeeded to shore up capital from institutional buyers.

Aklan though is fortunate to a Boracay Island to where the jetty and terminal project in Caticlan was intended. Due to its tourists that have been served by the projects the bond flotation paid off.

“Bond flotation is not for every local government unit. There are projects that can easily be funded with direct loans without the local government being saddled with added charges and conditions that come with bonds, said provincial accountant Ma. Victoria Salido in a report.

In Aklan case, the provincial government decided to reduce the amount of bond careful that its delivery of basic services would not be strained as a sizable amount of its IRA was assigned as guarantee for repayment of the bonds.

A HIGH-RISK VENTURE

Meanwhile, an LGU Guarantee Corporation report to Asian Development Bank has assessed that bond flotation as still a high-risk venture stating that private investors are prone not to choose LGU bonds which have no national guarantee or tax benefits, over treasury bills and treasury notes, which have zero risk as they are guaranteed by the national Government.

“The private financial sector is not yet prepared to accept LGU risks without any form of credit enhancement, considering LGUs as high-risk, highly politicized entities,” it said.

CRITICS

At prestime, the Nabunturan bond flotation, which is now in the works, is saddled with criticisms over its exorbitant bond amount and its project components.

Charged as prohibitive and “too expensive” are the high repayments to bond obligations and interests, architectural and engineering design amounting to P6,057,465, site development, P3,682,264, general requirements, P1,200,331, P2.7 million for the 3% consultancy fee, P1,350,000.00 for underwriter fee (1.5%), P900,000 guarantee fee (.05%-1.25%), and the P450,000 trustee fee (.5%).

Critics expressed surprise why Humol, Vice Mayor Romeo Clarin and the council majority are insisting for bond flotation when they could avail of a loan from either the LandBank and Development Bank of the Philippines at much lesser terms and repayments.

They said that the bond flotation option could strain much the delivery of basic services after Humol’s term as the bond obligations including the interests, added and hidden costs have to be redeemed by the sinking fund put up from the town’s IRA.

Oppositors also said that the project is doomed to fail citing that the town’s resource and business capacity is not ripe for the bond flotation on speculation that there be no bond investors and takers of the high-priced rentals of spaces in the planned public market building.

“It’s like feeding our IRA to the sharks when they could do otherwise, “ quipped a businessman who spoke on the condition of anonymity.

The IRA for Nabunturan in 2007 stood at P54.7 million.

BOND FLOTATION

Bond flotation here would mean that the Nabunturan local government unit would issue and sell interest-bearing paper bonds with which would be paid up until ten years to individuals, government banks or private firms, the proceeds of which would be used for the construction project of the town’s public market building.

If there is no bond buyer who is assumed to be the investor of the project, the bond flotation underwriter firm would underwrite the bonds in bulk and sell it to institutional buyers.

Bonds bought in this case would mean the obligations (capital, interest and other charges) incurred by the municipal government which it would pay in installments from its Internal Revenue Allotment (IRA) that has been assigned as source and collateral to the sinking fund repayment to the obligations.

Ideally, proceeds or collections from the project (public market building) to where the bond flotation was intended should be enough to pay for the obligations but practically the IRA is stashed to make up for the repayments of obligations.- Cha Monforte, Rural Urban News (http://ruralurbanews.blogspot.com)