Republic of the Philippines

Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

OPINION NO. _________

July 11, 2022

HON. EMMYLOU “LALA” J. TALINO- MENDOZA

Governor
This Province

Thru: MS. AURORA P. GARCIA

Provincial Administrator
This Province

This has reference to the Memorandum of Agreements,by and between DOH-Center for Health
and Development SOCCSKSARGEN Region referred to as the First Party and the Provincial
Government of Cotabato referred to as the Second Party. Pursuant to the agreement the First
party shall download funds to the Second Party for the implementation of the Medical Assistance
for Indigent Patients (MAIP) program; and for the provision of Meals, Accommodation and
Transportation to the health workers of the Province.

For emphasis under Section 465(b)(1)(vi) of Republic Act 7160 otherwise known as the Local
Government Code of1991 (LGC), the Provincial Governor shall represent the province in all its
business transactions and sign in its behalf all bonds, contracts, and obligations, and such other
documents upon authority of the Sangguniang Panlalawigan or pursuant to law or ordinance.

In light of the aforecited provision, the MOAs were forwarded to the Sanggunian Panlalawigan
by the then Local Chief Executive to obtain full legislative authority. The Sanggunian issued
Resolution 313 on June 14, 2022 deferring action until the MOA for the MAIP program is
rectified to conform with the following observations, to wit:

a. DOH-CHD SOCCSKSARGEN Region, presented a different

figure which does not coincide with the figure stipulated in
the submitted MOA for consideration of this Body;

b. To reprogram the allocation of Medical Assistance for

Indigent Patients (MAIP) fund in relation to the PhP50
Million Socio-Civic Projects Fund (SCPF) from the office of
the President.

c. The allocation of funds to only five(5) identified hospitals

considering that the Province has eleven(11) government-run
hospitals

Resolution 322 was also issued on the same date deferring action until the MOA for the
provision of Meals, Accommodation and Transportation for the health workers of the province is
rectified to conform with the following, to wit:

a. The breakdown of hospital recipient and the total amount of Meals

Accommodation and Transportation benefits to health workers for the
period of September 15 to December 19,2020 should be approved and
signed by the Provincial Health Officer;
“The Welfare of the People is the Supreme Law”
 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

b. The funding should be in continuing scheme not until December of 2022.

On July 4, 2022, the amended MOA for the MAIP Program was endorsed by the Office of the
Governor to the undersigned for legal opinion. Upon thorough perusal of the MOA, it is
observed that:

1. DOH-CHD SOCCSKSARGEN amended paragraph 1.1 of the MOA to conform with the
first observation of the Sanggunian.

2. The amended MOA, however did not include the second and third observation and provided
no explanation as to why thesame was not included or added.

3. As to the breakdown of hospital recipient and the total amount of Meals Accommodation
and Transportation benefits to health workers for the period of September 15 to December
19, 2020, it already bears the signature of the Provincial Health Officer.

For your reference and perusal.

BY:

ATTY. JOHN HAYE C. DELUVIO

Provincial Legal Officer

OPINION/_______________/Atty. Diosa Mae

“The Welfare of the People is the Supreme Law”