In his testimony
during direct examination conducted by his counsel Atty. Clemente
Rosales, Sermense disclosed that the budget ordinance was not part of
the agenda or even in other matters. He recalled that only 8 of them
were present when the session started at 11 in the morning such as BM
Luzviminda Nacario, BM Juan Latorre, Ex-officio members Joseph Escober
and Julius Ramon Vasquez,
PCL Quirino Cabella, BM Jimmy Dy and Vice-Governor Stephen James
Tan. When all the matters were tackled, he moved for the adjournment
of the session but nobody from the body seconded, instead
Vice-Governor Tan moved for a recess. He added that he was so
surprised when BM Member Arthur Vaughn Zosa arrived in the area before
the resumption of the afternoon session, bearing the fact that there
was a manifestation in the morning from BM Latorre that Zosa could not
attend as he was still recuperating from an operation.
Perceiving that the
2010 budget ordinance could possibly be included upon the resumption
of the session, he “walked out” from the area and such act was a
justification that he would not be amenable should there be a move for
inclusion of said ordinance initiated by the body.
On the other hand, the
respondent’s counsel headed by Atty. Allan P. Rambano asked the court
that he would like to have a copy of the petitioner’s testimony before
he conducts his cross examination which was scheduled on November 26,
2010.
During the hearing,
aside from Sermense only Majority Floor Leader Charlie Coñejos and
Atty. Jasper Sumagang were around. The latter being one of the
counsels for the petitioners.
Majority Bloc
Initiated Press Conference
Be it noted that on
September 3 press conference at I’s Plant Conference Room this city,
Sermense clarified that the 186-pages proposed budget ordinance
amounting to P1.2 Billion was still at the committee level and subject
for examination before the local finance offices of the province.
Section 16 of the
Rules of Procedure of the Sanggunian Panlungsod says that “if a
committee fails to submit its report on any matter referred to it by
the Chair, a majority of all the members of the Body may consider such
matter as “laid on the table”. For this purpose, a committee shall be
considered to have failed in submitting the required report after the
lapse of one month from the time the referral was made thereto. Upon a
written petition by the majority of all the members of the Sanggunian
the matter shall return to the Body for final disposition.”
Atty. Ernesto Arcales
further justified that attendance should not be the basis of
determining a quorum at the time when the budget was approved for the
exit of the two board members has altered it. Their absence should be
taken into account by the Secretary. In effect, there was
falsification in the consideration of the budget.
“Insulto ini san
majority,“ Arcales declared.
DILG opinion states
that the basis of computation in a quorum is the number of member i.e.
total composition of the council regardless of vacancies – there is a
quorum if one-half of the members plus one is present at a Sanggunian
session.
Since the Sanggunian
is composed of 14 members including the Vice-Governor, the majority
should be 8, said Arcales.
But while the 2010
budget is under question, Samar province is operating on a P600
Million plus 2008 reenacted budget.
