CEBU, Philippines – With a Provincial Board made up mainly of allies of the governor, their presiding officer, Vice Governor Gregorio Sanchez is now banking on the courts to help him stop the approval of the 2011 budget, which will be tackled in this afternoon's session.
Sanchez, a former ally of Governor Gwendolyn Garcia turned political enemy, is hoping to get the injunction order from the Regional Trial Court anytime this morning.
He filed a prohibition with application for writ of preliminary injunction, temporary restraining order and mandamus against the governor and PB members last Friday.
Capitol has set a P3 billion budget for 2011.
The motion of Sanchez is now in the hands of RTC Judge Gilbert Moises of Branch 18.
If Sanchez cannot get a TRO, this would pave the way for the PB to approve the budget.
Among the members of the board, the only member of the opposition is Arleigh Jay Sitoy of the 6th District.
The proposed budget has already been approved by the committee on budget and appropriations.
In his report, PB Member Peter John Calderon said, "The committee on budget and appropriations recommends the approval and grant of legislative authorization to the proposed annual budget for fiscal year 2011 of the Province of Cebu entoto."
Another option that Sanchez might pursue if he doesn't get the court to grant the TRO is to ask that the discussion of the budget be deferred.
Sanchez has been very unhappy with the proposed 2011 budget as the allocation for his office has been slashed by 61 percent.
The vice governor had proposed a P65 million budget for the legislative department, which he heads as presiding officer of the PB, but what is contained in the budget proposal from the office of the governor is only an allocation of P18 million.
Sanchez has been trying to block the approval of the budget since the first reading and in the budget hearings, but failed. He even returned his copy to the office of the governor.
The executive department, however, earlier stressed that the law gives the chief executive the authority to submit budget proposals.
"A careful review and examination of the proposed annual budget, this committee, finds that the basic requirements of an annual budget as mandated by the Local Government Code and other pertinent issuances have been complied with," the committee report said.
But in his formal complaint, Sanchez said Garcia and the PB members acted with "grave abuse of authority and in excess of discretion.
"There is a serious irregularity in the preparation on the budget which I was never afforded the chance to justify, much less defend my budget proposal," Sanchez said.
He said the "unconscionable slashing" of the budget appropriation for the legislative by 61 percent added "insult to injury and ostensibly put in jeopardy" his functions.
Also, he said the legislative assistance fund should be under the Office of the Vice Governor but this was transferred to the executive department allegedly because of politics. - /NLQ (FREEMAN)