Republic of the Philippines

Province of Oriental Mindoro

MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

MINUTES OF COMMITTEE MEETING OF THE SANGGUNIANG BAYAN COMMITTEE OF THE

WHOLE HELD AT THE SANGGUNIANG BAYAN SESSION HALL, PINAMALAYAN, ORIENTAL
MINDORO ON AUGUST 15, 2022.

PRESENT: (Refer to attendace sheet)

SUBJECT: Road Reblocking Guinhawa-Sta.Isabel-Buli-Pola Boundary Road

The Committee Meeting started at about 1:30 in the afternoon with a prayer led by Hon.
Anjune A. Zamora.

Hon. Rodolfo M. Magsino recognized all Sangguniang Bayan Members present as well as all
invited guests and functionaries. He then gave a brief review on the issues that has been laid
down to the Sangguniang Bayan thru Hon. Mauro P. Helera regarding the Road Reblocking
Project of the municipality during 2021.

Hon. Napoleon M. Mangaring reminded the concerned functionaries all documents and
updated reports related to the said project which they request to be presented in the
meeting during the last Regular Session. He also requested to read the minutes of the said
Session.

Hon. Helera suggested to go on discussing one by one the issues presented therein. First
was if the said project was extended because according to the contract, it should have been
completed on June 28, 2022 after 365 days from the time it started, June 28, 2021. The
answer last time was that they cannot remember anymore if there was a letter of extension
from the contractor and they have committed that they are going to submit it to the
Sangguniang Bayan should there be any written request coming from the contractor.

Engr. Manolito Masculino greeted the Sangguniang Bayan. He also apologized, in behalf of
the Municipal Engineering Office, for the delay of the projects of the LGU. According to him,
their office sends a letter to the contractors whenever there are delays in the completion of
such projects. He then gave his statement to clarify the issues regarding the supposed
completion of the Road Reblocking Guinhawa-Sta.Isabel-Buli-Pola Boundary Road. He said
that there had been revisions on its completion date which was extended until October 1,
2022 and a time extension of 96 calendar days. Said extension was given sto three
contractors, Blanco Construction, contractor of Upper Bongol Road - Martinez Construction
in Calapan City and Lumel Glenn through the initiative of their office considering that Sta.
Isabel and Lumambayan road is not yet passable at that time.

Hon. Helera requested to explain why on their own iniative it was extended.
 Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

Engr. Masculino explained that usually, when there are unforeseen events like calamities
when it is imposible to resume construction, the contractor may ask for an extension. And
during their meeting, given the situation of the Sta Isabel road and Lumambayan Bridge,
their office took the initiative to give the contractor a time extension as recommendation
also of the Project Monitoring Team and to temporarily stop the construction until such time
that Sta. Isabel and Lumambayan road is already passable.

Hon. Helera asked whether the Project Monitoring Team was furnished with a copy of the
time extension given by the Municipal Engineering Office.

Engr. Masculino presented the documents to the Sanggunian. He then read the content of
Suspension Order No. 1 and Resume Order No. 1, addressed to Lumel Glenn Construction
signed by the Local Chief Executive. He also informed the body that they have sent them a
letter twice regarding their negative slippage and to submit a Catch-Up Plan to determine
the status of their construction.

Hon. Hernandez repeated the question asked by Hon. Helera if there is a copy of the said
letter to the project inspection team. As an answer to the question, Engr. Masculino said
that they failed to send a copy. Relative to this, Hon. Hernandez ask if there is any response
from the project monitoring team but Engr. Masculino replied that he cannot recall that and
concluded there is no response from the team.

As the discussion continues, Hon. Helera requested to photocopy the documents read by
Egnr. Masculino for the purpose of collecting necessary documents as an integral part of the
investigation and deliberation and eventualy in making conclusion. Also, Hon. Helera ask the
present status of the project as and Engr. Masculino replied that he sent a person to check
it. Hon. Hernandaez on the other hand, added to identify the actual slippage or damage of
the project and as a response, Engr. Masculino said that there is 40% based on the
contractor.

Hon. Magsino reffering to Engr. Masculino that according to him, he sent a staff to assess
the real time status of the project and to make the report valid, he requested to present the
document of the particular assessment and Engr. Masculino agreed.

Engr. Masculino stated that the contractor requested the 49% of the project but they did not
agree until such time that the project will continue to progress. Hon. Helera asked to Engr.
Masculino about his personal assessment on the presentation completion of the project
since he mentioned the 49% because technically it was designed to finish within a year or 365
days and the extsion is only two (2) months, how sure they are that the remaining
percentage of the project will be completed on the given time extension?
 Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

Engr. Masculino replied that according to the contractor of the project, are amenable they
cannot finish within the given extension because it is rainy season and also there are other
projects that there are other projects in line. Hon. Helera, ask to the recommendation of the
engineering office to the contactor of the project on how they will comply the project
considering the duration of time stated on the signed contract? Engr. Masculino replied that
the LGU has the power to terminate the contact if it did not complete the demand of the
project. Hon. Helera ask to Engr. Masculino his suggestion or recommendation aside from
the remedy he mentioned. Engr. Masculino replied that since the project is under
contruction, so be it but, the next time that there is a bidding for the project this kind of the
contactor will be not allowed. Hon. Helera on the hand explained why he is asking Engr.
Masculino about his suggestion because what they are doing is an investigation in aide of
legislation. Through that, the Sangguniang bayan will create an ordinance to ovoid repitition
of the problem in the future.

Engr. Masculino added that one the problems of the contractors is the lack of personal
equipments and also the license to to the projects that is why some of the borrow or rent
the license of others and also equipments from the other construction firm. For him that is
one of the reasons why the projects were delayed or did not meet its designed timeline.

Hon. Helera explained that according to the law, barrowing license from other is not allowed
under the law and maybe the right term to use is “sub-contacting”. In addition to Hon.
Helera’s statement, Hon. Hernandez, based on the Civil service, if the ownwer of the license
allow others to use it in any form, the liability is on the owner. He recommended that the
license of the Engrs. Must be given focus before undergoing to the project construction.
Hon. Mangaring recall that the extension was not requested by the contructor but an
initiative from the engineering office. He asked that is there any possibility that the
contructor will request an extension in their inititive considering some factors like oil price
hike. Engr. Masculino replied, that they have the right to ask for it provided the the reason is
valid and with attachment of necessary documents.

Hon. Olympia, shared his sentiments and according to him, permit is no longer a problem
but the most important matter is to finish the project on its date plan stated on the signed
contract.

There is an existing law about sub-contracting. Relative to this, Hon. Helera asked if the
project was subjected to sub-contracting. Engr. Masculino answered the that there is no
sub-contracting. He explained that before the project starts, bidding of the potential
contractors was made and then everything follows. The problem arises during the
implementation or construction of the project.
 Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

Hon. Delmo gave some practical scenario related to the issue and he reiterated that the
principal contractor has the liabilities if ever there are problems exist. Hon. Olympia asked if
there cases that sub contractors can join the bidding. Hon. Helera explained that principal
contractors are the one who joined the bidding but on the implementation stage and the
contractor allow to enter the sub con. In an internal arragement, they must report, update
or notify the LGU to relieve the liability. Hon. Helera emphasizes that their objective is to
create an ordinance in order to avoid repetition of the problem.

Hon. Helera also ask if there’s an extension letter provided that the receiver is the
authorized person, if yes, Hon. Hernandez said that they must have a reply on it. Engr.
Masculino said that he instructed his staff to send a message to the contractor both physical
and email, yet there is no reply from the contractor. Hon. Helera requested to put in the
record what Engr. Masculino has stated.

Hon. Hernandez clarifies that after October 1, 2022, the contractor must pay necessary fee
for the uncompleted part of the project per day. Hon. Delmo said, given the present
situation of the project and the time issue, what remedy or action can do to implement the
penalty fee and also to warning the future contactors.

Hon. Mercene, in his stand recall the lapses of the contractor on the implementation of the
project and question how and when do the termination of the contract will takes place? In
defense, Engr. Masculino stated that the termination of the contract has a huge effect on
the concerned person but he also emphasized that it is the consequence of their dids.

Hon. Hernandez added that there is a contract agrrement between LGU and the Contractor.
If it did not meet what is stated on the signed contract, breaching of contract will follow.
According to Hon. Helera, during his time as Administrator of the municipality, if one failed
to comply on the agreement, it can be terminated anytime provided that the contractor was
notified emphasizing its damage or penalty.

Hon. Helera asked if this person named Mary Grace is a staff of Lumel Glenn but Engr.
Masculino said that she is a staff of the one who barrowed the license and he is not sure if
she is connected to Lumel Glenn. He also requested to the Engr. Masculino to submit the
copy of email to the Sanggunian.

After a long discussion with Engr. Masculino, Mr. Ricky Mocling from BAC followed.

Relevant to the termination issue, Mr. Ricky explained that upon reaching the ten percent
(10%) of the whole contract that the contractor did not preform, the termination may
happen but the concern can appeal in three days upon receiving a notice. Also, the
performance band will automatically be confiscated.
 Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

Hon. Hernandez asked if the principal persons are present during the conduct of bidding.
Mr. Mocling answered that most of the time only the representative attends the bidding but
sometimes, the immediate person themselves. Addition to this, he also asked if Lumen
Glenn has a competitor in the project bidding. As a response, Mr. Mocling said that they
have a competitor but on the Road Reblocking project, there is none.

Hon. Mercene asked if there’s already a computation on the project progress if the required
percentage has been met so that it will be subjected on termination. Mr. mocling answered
that there’s a process so that the contractor can explain their part.

Hon. Helera asked if the BAC is the official record custodian of the projects and Mr. Mocling
confirmed this. Hon. Helera again asked if those documents have been copied, distributed
and reviewed by the concerned office, how come that the project came into the issue and
there’s no one from the Executive department made an effort to call the attention of the
contractor to clarify the problem and Mr. Mocling said that he cannot answer the question.

Hon. Helera strongly emphasize that they should be vigilant to see where the funds of the
government go in line with the law. He also mentioned that it is the reason why he is
insisting the creation of the over-sight committee because its main function is to over-see
the entire operation of the LGU.

Hon. Mercene asked what is the main function of the Project Monitoring Team. According to
Hon. Helera, the question was already asked during the time they summon Mr. Daniel
Fruelda. He also read his notes of the answer stated by Mr. Fruelda during that time.

Continuing the discussion, Hon. Mercene asked what will happen if the contractor cannot
finish
The project. Mr. Mocling replied, they can continue the project but they need to pay the fee
of everyday delays. If they will leave the project unfinished, they will have a liability record in
the LGU.

Hon. Hernandez suggest on the formulation of the ordinance relative to the issue being
discussed, the licese of the engineers must be required nad included.

Ma’am Amelia A. Ramos, the representative of the Local Project Monitoring Committee
followed Mr. Mocling. She reiterated that their function is to look on the projects in the
municipality and they are directly reporting to the LCE.
 Republic of the Philippines
Province of Oriental Mindoro
MUNICIPALITY OF PINAMALAYAN

OFFICE OF THE SANGGUNIANG BAYAN

Madrid Blvd., Zone III, Pinamalayan, Oriental Mindoro
Email: vicemayorsoffice@pinamalayan.gov.ph Tel. No.: 043-738-1432

Hon. Helera asked her if the team has received the copy of the letter extension of the
project. According to Ms. Ramos, they did not but the issue was addressed to the verbally by
the engineering office. Hon. Helera made a follow up question, why did they not inform the
LCE on the status of the project but, Ms. Ramos answered they are informed and they
submitted a report with a recommendation of refusing to pay the contractor the partial
payment because there is a 49% slippage on the project as of July 29.

Hon. Helera asked the Project Monitoring team, if possible, can send the copy of their
reports on the update of the projects to the Sangguniang Bayan. Ms. Ramos said that the
possible to have an extended member from the SB but according to Mr. Orlex Marayan,
Hon. Olympia is already a member of PMT and LDC.

Hon. Helera emaphasize that there is a separate power between the legislative and
executive department under the law. Hon. Zamora requested the staff to read the DILG
OPINION No. 25 S.2020 and after that he asked Ms. Ramos for her opinion on that. She said
that, the duty of the legislative should not be compel or compromise.

After the long discussion of the issue, Hon. Delmo recommended and requested the PMT to
report the finished and unfinished project in the municipality.

Hon. Zamora moved for the adjournment of the hearing at 4:44 in the afternoon.

Prepared by:

FRANCIS JAY C. SALCEDO

Administrative Aide IV
Reviwed by:

ARNEL G. ABRENICA, PhD, MD, DA

Secretary to the Sanggunian