At least four articles of the Constitution, in addition to articles of the Ley AFI and Lacap have not been complied with the acquisition of the living for the affected by the torments.
President Nayib Bukele acknowledges that we use public funds for the acquisition of 252 houses in Ciudad Marsella in San Juan Opico, La Libertad, in order to be affected by the torments, by which the use of the money in order to finish the approval of the Legislative Assembly, as the institution of the Constitution and other laws, may be consulted.
At least four constitutional articles have been established that, in the event of proceeds from the impoverishment of pagans, the salvadoreños will have to take legislative action, because a general reform will be required to transfer the funds of another institution to another.
Consequently, the acquisition process of the living transgender articles of the Organic Finance Administration (AFI) and the Public Administration Acquisitions and Contracts Act (LACAP), in accordance with this
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“Can anyone say, ‘Will you donate money for life if the Assembly does not approve money for life?’ … raspamas cacerolas de aquí, raspamos cacerolas de acá, asi que los ahorros que logramos en la construycón des Hospital este gran proyecto … ”, afirmó Bukele el pasado 20 de diciembre durant de public act de las casa
The various terms of the mandate state that: the governing body uses public resources that are intended for a fin and are used for another proposal, which is regulated in the terms that the procedure is to use for users; that money will be stored in a City Card and transferred to another institution to acquire the living; and that treat, in this case contracts for living, compromising money of public err.
Article 223 of the Magnetic Card clearly states that it forms the Hacienda Pública “its funds and liquid assets”. Article 224 of the Constitution indicates that “all the constituents of the Hacienda Pública shall form a sole fund which will have a general effect on the needs and obligations of the State”, the General Fund of the Nation declares.
This case should be transferred to the funds that it does not use a public institution, as the case of the diner that the president said was due to the “ahorros” of the construction of Hospital El Salvador; In order to use this money, it will have to pass the legislative approval, including a resignation from the party of the presidency, in accordance with Article 131 of the Constitution, the faculty of the Assembly to reform the presidency, its members and consulters.
“When it comes down to it, the remnants of a project are used for everything, the remnants always disappear … now the remnants of the projects are saved in this. This is the salvo of the salvadoran bulls, the salvadoran taxpayers, ”Bukele remarked in his speech.
For this reason, the tax authorities treat the salvadorans as the Constitution establishes limits.
Article 234 states that “when the State enters into a contract to obtain works or to acquire movable property in which it has to compromise public funds or public goods, it shall be necessary to obtain public works or summons to the public tender except.
According to the governor of Bukele son 252 new lives: 78 for families of the Angelitos II community of Nejapa and 174 for families of the community of New Israel of San Salvador that result affected by the torments Eta and Iota this year.
So much so that the President, like Vivienda’s Minister Michell Sol, said, even with contradictions that he would like to say, that the beneficiaries do not pay anything to the houses, they decide to make a government donation. “And there is no preoccupation with the maintenance rate because it also makes us pay our debts, our cities, our houses”, affirms Bukele.
In addition, the Minister of Living indicates that each house has a cost of $ 25,000, which, as of this date, generates a guest of $ 6,300,000 in the 252 houses. Photo EDH
For its part, the Minister of Living will announce the 21st of December: “For the two: the families will choose the project; the governor issues the checks to the number of beneficiaries and enters them into the builder; the foundations of ahores in the construction of the Hospital El Salvador; no beneficiary pays anything ”.
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According to the law, the Executive does not have the facility to issue checks without the corresponding amendments, the laws should be approved by the Legislative Assembly, as its changes to the funds, signal abogados, which refer to Article 43 in negotiations and compromise public recourse.
Prohíbese to hold any title, another official of the entities and institutions of the public sector subject to the standards of the present Ley, enter into negotiations, procure compromises or sign contracts that compromise public funds not provided in the fiscal year, en ejecución (…) The compromises required or the company contracts in contravention of the standards of this Ley are null and void some. The failure to dispose of this article will be causal upon the disposition of the titles or infringing officials, without prejudice to criminal and civil liability in the event of inconvenience ”, said the article of the normative referendum.
In addition, the Minister of Living indicates that each house has a cost of $ 25,000, which, as of this date, generates a guest of $ 6,300,000 in the 252 houses.
However, one of the most relevant prohibitions signaled by the LACAP is the example set out in Article 153, which indicates that the institutions of the State may not “provide the fragmentation of the acquisitions and contraventions and prevent them from being violated by them. implies a more rigorous procedure that follows the factional ”.
“Transferring the presumption of a ministry to another is illegal”, said executor
Jorge Villacorta, appointed and one of the promoters of the Ley Organica de Administración Financiera del Estado (AFI) approved in November 1995 and by the Ley de Advisiciones y Contractaciones de la Administración Pública (LACAP), consider that they are to 252 families affected by the debentures passed by public tender, but only if they were not complied with.
“Debió passes by tender, if it is complied with the LACAP but as with the apology of the pandemic he passed by the Arco del Triunfo the LACAP, the Constitution, the lies, the Assembly, the Supreme Court, the Court of Cuentas … ”, señala.
In the case of the executor, the case of the cases in Ciudad Marsella “should be investigated by the Court of Appeals”, it is clear that it is a good initiative, criticizing that “no legal form is transparent or transparent”.
Regarding the issuance of checks by the Minister of Vivienda, Michell Sol, in favor of the beneficiaries with the entry of the houses, Villacorta points out that “the governor can only pay checks if there is a source, then we must be in el presupuesto. There is nothing you can do about the governing body that is not with the default credit; entonces, la pregunta es: ¿hay credit presupuesto para eso? ”.
Note that in accordance with the law of presumption and the law of AFI can not make any guest who does not establish a party to the presidency, on the contrary “it is illegal”.
Villacorta also signaled that if the money was taken from the presidency of a ministry to be transferred to another Estado card against the law.
“If he had taken over the Ministry of Health or the Public Works, he would not have known which ministry was sacrificing the money, and transferring the presumption of a ministry to another, in this case to the Ministry of Life, without passing through the Assembly is illegal. ; can not transfer funds from the presidency to the caprice of Nadie, nor the Minister of Health or the President, as having the authority of the Legislative Assembly “, affirms Villacorta.
Although they have been transferred from the funds to the corruption cases brought by the prosecutors Elias Antonio Saca and Mauricio Funes
The Minister of Health, Alejandro Zelaya, assured on December 21 that he had spent $ 3.8 million that “sobraban” of the construction of the Hospital El Salvador, a work that has not been completed, and that used $ 1.7 millones provenientes del Ministerio de Desarrollo Local, now the $ 5.5 million inversion.
The ex-legislator criticizes the manner of public appeals, because he considers that the officials can not use “as if it were a finch or his company”, by which he hopes that the Court of Appeals will investigate this case.