“Public funds unfit for private sidewalks”

The local government is disbursing public funds of Parañaque City for repair and maintenance of existing sidewalks of BF Homes Parañaque Subdivision and installing lampposts with the “JB” initials.

Also undergoing construction at the Aguirre Park is a two-story building addition to the existing Barangay Hall. The police and fire stations and a covered basketball court are also housed at the same park, all constructed without the consent and over the objections of the Association.

The mayor explained that the road diggings on El Grande, Aguirre and Elizalde Avenues were part of the city government’s lighting project which included all major roads of private subdivisions and dimly-lit national roads within the city limits.

The project was started without the knowledge and consent and of United BF Homeowners’ Association, Inc. (UBFHAI). Parañaque Mayor Bernabe said that if Reyes (UBFHAI president) would be able to show any document, like a Deed of Donation, proving that the main roads of BF Homes had been turned over by its developer to UBFHAI, he would stop the project.

“If he has nothing to show, he has no business telling the city government what project it can or cannot do in BF Homes Parañaque,” the mayor said [Inquirer|05/02/06].

The question to ask, as Clint Eastwood would put it is: Are the sidewalks “owned by the local government unit?” If not, then the use of public funds for privately owned sidewalks is unlawful and violates Republic Act 7160, otherwise known as the Local Government Code of 1991.

Having paid for them when they bought their properties, homeowners claim co-ownership of the roads, sidewalks, parks and open spaces in BF Homes which are privately titled to the developer. Thus, no public money could be used on them.

In undertaking the projects, the mayor violated the constitutional proscription against the use of public funds for private purposes, as well as Sections 335 and 336 of RA 7160, and the Anti-Graft and Corrupt Practices Act.

Take the case of Aniano Albon vs. Mayor Bayani Fernando, et. al. In a 15-page decision penned by Associate Justice Renato Corona, the Supreme Court Second Division ruled that only the construction, improvement, repair and maintenance of infrastructure owned by the local government unit may be bankrolled with local government funds.

“This conclusion finds further support from the language of Section 17 of RA 7160 which mandates LGUs to efficiently and effectively provide basic services and facilities. The law speaks of infrastructure facilities intended primarily to service the needs of the residents of the LGU and ‘which are funded out of municipal funds,” the high court said

This means that the mayor and other city officials can be held liable for misappropriation or misuse of public funds, which can lead to the filing of graft and corruption case against them.