Mayor can't face contempt for guarding funds - Rama

CEBU, Philippines - Mayor Michael Rama and representatives of the Philippine Veterans Bank have asked the court to dismiss the case filed by an heir of the late Rev. Fr. Vicente Rallos.

Rama is seeking for the dismissal of the indirect contempt filed by Lucina Rallos for lack of merit.

Lucina filed a complaint against the city government and the bank after they refused to deliver the judgment debt for the compensation of the Rallos property in Sambag 1 used as public road by the city government.

Although Rama admitted that he asked the Philippine Veterans Bank through Nicanor Valles not to deliver the garnished amount and wait for the resolution of their pending motion before Regional Trial Court (RTC) Branch 9, he said such action does not merit for him to be cited in contempt.

Rama added that based on the order of the court, it was clear that the demand should first be made before the city government garnishes its properties, real or personal.

However, Sheriff Eugenio Fuentes reportedly made no demand and instead, two days after he assumed as implementing sheriff, immediately signed an order of delivery of money to the Philippine Veterans Bank, which allegedly violated the Rules of Court.

Rama added he cannot be cited in contempt as he was just protecting public funds as part of his mandate as city mayor.

“As mayor of the City of Cebu who should take charge of the public funds, Mayor Rama will do everything he can to protect public money and the doing of the same is not within the purview of indirect contempt as it can never be considered an abuse or unlawful interference with a court process no can it be improper conduct,” Rama said.

Rama also cited a Supreme Court ruling, which says that that all government funds may not be subject to garnishment or levy in the absence of a corresponding appropriation as required by law.

He said as there was no appropriation made for the payment of money judgment amounting to P13.3 million. – (FREEMAN)