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Tañada backs E Samar guv’s decision to defy injunction order

Cong. Erin Tañada III in Eastern Samar
Cong. Erin Tañada III (center) addressed members of the local media in a press conference on April 24, 2012 in Borongan City. Tañada said he believed Gov. Conrado B. Nicart’s decision to defy the injunction order from the court regarding the province’s 2012 annual budget was for the greater good. The order from Judge Elvie P. Lim has caused a paralysis in the operation of the LGU until Nicart announced he would rather “be cited for contempt” than see his employees not receiving their pay. (Photo by Reinier M. Ampong)

By MEDORA NB QUIRANTE
May 3, 2012

BORONGAN CITY  –  Eastern Samar Governor Conrado B. Nicart Jr found an ally in Quezon Province’s 4th District Representative Lorenzo “Erin” Tañada III.

“Governor Nicart’s decision, I believe, was for the good of the people of Eastern Samar,” Tañada told members of the local media in a press conference on April 24.

Nicart had earlier announced that he was defying the injunction order from Judge Elvie Lim that prohibited him from using funds appropriated under the 2012 annual budget.

The order came about after BMs Aldwin Aclao, Atty. Byron Suyot, Jojie Montallana, Atty. Enerio Sabulao, Jenny Baldono and Betty Reyes filed a petition for prohibition early February alleging the province’s 2012 budget failed to get the required number of votes for its passage.

“The budget ordinance needs a vote of 50% of the total board members plus one which translates to eight votes. They only got seven votes,” Atty. Enerio Sabulao, one of the six board member petitioners said in a separate press conference.

But the court battle reached the halls of the Capitol during the last few days of March as all of LGU’s financial transactions including the payment of employees’ salaries, wages and other benefits were ordered stopped.

“What we have done is for the good of Eastern Samar in general. We have to uphold the law and the law tells us that we need eight votes to pass the budget ordinance,” Sabulao told the employees in a dialogue.

Sabulao told the employees further that the governor could have resorted to re-enacting the budget to make sure there would be no paralysis in the LGU’s operations.

But provincial legal officer Atty. Christopher Coles said the governor would not use a reenacted budget because the local government code stipulates that the LGU could only use a reenacted budget if “it fails to pass a budget ordinance.”

“I couldn’t even look my employees straight in the eyes because I know how not getting their pay on time affected them and their families,” Nicart said when he ordered the provincial accountant, provincial treasurer and budget officer to disburse funds on April 3.

According to Tañada, he believed Nicart had “only the best interest of his constituents in mind.”

“In the same way Justice Department Leila de Lima defied the TRO from the Supreme Court, Gov. Nicart thought of the greater good when he decided to defy the injunction order,” Tañada said.