The case, docketed as
Spl. Civil Case No. 36 for Mandamus, was received by the Office of the
Clerk of Court of the RTC’s Branch 41 in Gandara, Samar on March 26,
2010.
Acting on the petition
filed by Roque L. Limse, Luis Padol, Renato B.Basal, Ruel C. Aying,
Catalina M. Saises and Evelyn B. Domingo, the Court has ordered Samar
Gov. Milagrosa T. Tan, the respondent, to file her answer five (5)
days immediately after the service of the said summon.
Based on the petition,
on January 7, 2010, the Sangguniang Panlalawigan of
Samar enacted
Ordinance No. 12-28, series of 2010 appropriating the amount of P25
Million for the payment of the grant of the Productivity Enhancement
Incentive (PEI) for the Fiscal Year 2009 of all provincial government
employees of the Province of Samar at P25,000 each, pursuant to DBM
Budget circular No. 2009-5, dated December 15, 2009.
Accordingly, the said
ordinance was deemed approved pursuant to the provision of Section
54(b) of RA 7160, otherwise known as the Local Government Code of
1991, considering that Hon. Milagrosa T. Tan did not either veto it or
return it to the Sangguniang Panlalawigan within fifteen (15) days
from its submission to her for approval.
Furthermore, the
petitioners assert that Ordinance No. 12-28 has not been either
repealed or nullified by any proper court or any government office or
entity, thereby its validity and affectivity for all legal intents and
purposes are obviously beyond doubts.
Likewise, their claim
was reinforced by the issuance of a certification as to the
availability of funds by the Provincial Treasurer. It was learned that
the corresponding vouchers and checks has been signed and approved for
the release of funds from the Landbank, Catbalogan. However, the
records showed that Gov. Tan refused and failed to sign and approve
the same checks, notwithstanding that the payment of the subject
PEI
benefits are authorized under a valid and effective ordinance and
funds are available.
On these accounts, the
petitioners have no option left to speedily demand and receive the PEI
payments as a right, but the instant petition for mandamus.
In the same suit, the
petitioners believe that the respondent’s acts were unjustified,
capricious, whimsical and deliberate. In the end, they prayed that a
Writ of Mandamus be issued to Gov. Tan to immediately pay them the PEI
mandated in Ordinance No 12-28, the amount of P60,000 as attorney’s
acceptance fee and the cost of suit.
With the case
already filed in a proper venue, the ACES has temporarily refrained
from holding more protest actions. Mass rallies were held in Calbayog,
Basey and Catbalogan a few weeks ago. The same street protests that
demanded for better services and a transparent leadership from the
Tans, were given massive support by the Samareños.
