TRO stops
implementation of the Appropriation Ordinance No. 13-002 for Samar’s
2010 Annual Budget
By EMY C. BONIFACIO,
Samar News.com
September
2, 2010
CATBALOGAN, Samar –
The five (5) Board Members of Samar, representing the opposition
block, has petitioned for the court’s legal intervention by issuing a
Temporary Restraining Order (TRO) in an effort to forestall the execution of an illegally and
arbitrarily approved Appropriation Ordinance on the 2010 Annual
Budget, as alleged.
Yesterday’s issuance
of the TRO by Judge Reynaldo Clemens, Calbayog RTC Executive Judge,
will be effective for the next seventy two (72) hours. All the Offices
concerned, including the Land Bank of the
Philippines
- Catbalogan Branch, were provided copies of the
TRO for their guidance.
The decision to seek
for a TRO came after a Letter of Disclaimer, dated August 27, 2010,
was sent to the Office of the Vice-Governor. The letter formally and
officially disclaimed the validity of the ordinance for the approval
of the P1.1 Billion Annual Budget of the Province of Samar for 2010
that transpired during the regular session of the Sangguniang
Panlalawigan on August 26, 2010 at the
Samar Provincial
Capitol Building. The letter manifested that all transactions and/or
dealings pursuant to the said invalid ordinance shall be ineffective
and has no force and effect of the law.
Furthermore, the
signatories are convinced that the procedure adopted by the members
who took part in the approval of the said budget was improper and
illegal, as it failed to meet the necessary requirements for the
approval of an Appropriation Ordinance which requires the majority
vote of all the members of the Sangguniang Panlalawigan, imposed under
paragraph (g), article 107 of the Local Government Code Implementing
Rules.
The Sangguniang
Panlalawigan of the Province of Samar is composed of fourteen (14)
members including the Vice-Governor as Presiding Officer. Simply said,
at least eight (8) members should have voted for the ordinance in
question, the petitioners argued.
It was learned that
when the session started at eleven in the morning, nine (9) SP members
were present, to include the Presiding Officer. During the second
break or recess, Hon. Arthur Vaughn M. Zosa arrived. However, two (2)
of its members (Hon. Noel Sermense and Hon. Jimmy Dy) walked out and
boycotted the session when they sensed that the budget would be
railroaded. The walk out was in protest of the irregular proceedings
that they have witnessed. After their departure, the session resumed
with only a total of seven (7) members present, a number which is not
sufficient to constitute a quorum when the “voting or approval by
general consent” was conducted.
“Moreover, the 2010
Annual Budget was unceremoniously, clandestinely and surreptitiously
treated as it was not calendared on the said session and it was only
treated on the item for Other Matters, despite the fact that said 2010
budget is already with the proper Committee and is under treatment and
consideration of the concerned committees”, the Board Members add.
The ruling of the
Presiding Officer on the approval of the 2010 Budget was arrived,
despite the absence of a quorum, when Hon. Juan C. Latorre was
acknowledged to take the floor and cited an alleged provision in their
Internal Rules of Procedure that allows them to recall the proposed
2010 Annual Budget from the two (2) Committees for its failure to
submit a required report after a lapse of one (1) month since its
referral. Accordingly, Latorre on a verbal manifestation, moved that
the Committee on Finance and Appropriations and the Committee on Laws
and Legal Matter be divested of their jurisdictional authority over a
referral so that it could be brought back to plenary for direct
disposition. After a corresponding motion was presented, a “voting or
approval by general consent” procedure ensued. As anticipated, the
budget was approved by a simple minority, having voting members
identified to belong to the administration block.
As of press time,
capitol employees are queuing up at its lobby, hoping that their
benefits will be released after the TRO expires on Friday. However,
they do not discount the possibility of an extension of the TRO. “Kun
ano man it ira ginsasaramukan hiunong hito nga budget, deri gad kunta
kami ig api. Damo na ha am an nagugutom ngan naglalaum nga makakabulig
hin dako ha amon tagsa nga pamilya ini nga mga benipisyo. Kunta an
matuod ug tama an ira buhaton kay mga Honorable man ada hira. Deri
dapat gamiton an amon mga katungod ug panginahanglon nga rason para
magpressure hin bisan kanay nga grupo. Baga kamin an gin hostage kay
kami la it ginhimo nga pasangil. Kay ano man nga mayada man mga
vouchers ug checks nga nasuklian han martes han aga? Kay ano nga waray
kami nga mga empleyado an unaha? An para ha amon, ihatag gad man”, was
an employees’ appeal to our provincial leaders.
On the other hand,
other agencies are happy that the budget has been approved. Ms. Luz
Tacal of the PSWDO excitedly announced that the social development
funds she had requested to be placed under her Office was provided.
She feels assured now to be able to deliver effectively the services
that are mandated under her office. Likewise, a GSP volunteer is happy
that the budget is now approved because for quite a time, their
organization was not able to receive subsidies from the provincial
government due to the unapproved budget.
A Financial Manager,
who refuses to be identified, said that the benefits of capitol
employees are most affected by the TRO. He explained that the release
of the 25% salary adjustments are already delayed and that the Office
of the Governor is already mandated by the court to release the
P25,000 Productivity Enhancement Incentives. The payrolls are already
prepared for the purpose, but the TRO prevents them from disbursing
the funds, he further stressed.
SN.com Team is still to confirm reports regarding releases and
encashment of checks with huge amounts that has been paid to
contractors prior to the effectivity of the Temporary Restraining
Order.