Bank won't garnish city's funds

CEBU, Philippines - The president of Philippine Postal Savings Bank has assured Mayor Michael Rama that the bank will not release the P133 million the court has ordered to be paid to the heirs of the late Rev. Fr. Vicente Rallos.

The money is supposed to be the payment for Rallos’ lot in Barangay Sambag 2 that the city has utilized as a road for many years.

PPSB President and Chief Executive Officer Cesar Sarino said that the bank stands firm on its decision despite the daily threats of imprisonment for contempt of court.

Sarino sent Rama a letter clarifying the matter following an erroneous news item published in another newspaper, which said the bank is willing to help pay Rallos’ heirs.

Sarino said the bank’s lawyer, Joebert Abibas, has manifested in court that the bank will abide by the rule of law in deciding what to do with the garnished funds the city government has deposited with the bank.

Sarino said their lawyer is well aware of their position on the garnished deposits. He said that since the garnished deposits are public funds, it can be disposed only in accordance with the governing law and jurisprudence.

“The Rallos heirs have continuously harassed the officials and directors of our bank with almost daily threats of imprisonment for contempt of court, violation of the anti-graft law and penal code. We resisted those threats,” Sarino said.

“He strongly believes that the court is also aware of the Supreme Court ruling that public funds cannot be levied upon to satisfy a private claim unless there is an appropriation for the payment of such claim and a petition authorizing the payment of such claim shall have been filed with and granted by the Commission on Audit,” the bank officials said.

As this develops, Rama went to the Court of Appeals yesterday to file a petition to nullify the decision of the Regional Trial Court.

In the same petition, Rama asked the CA to issue a temporary restraining order (TRO) against Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9 and Sheriff Eugenio Fuentes.

Rama wants the appellate court to declare the RTC judgment null and void.

Rama said the city will not pay the judgment debt on the ground that the lot was donated by the late Ralloses to the City of Cebu.

In fact, he said there was a court order and existing document “convenio,” which states that the property has been donated to the city government.

Meanwhile, Marian Rallos, the granddaughter of Vicente, said she is the claimant of the judgment debt and not the other Ralloses.

She said they are “disturbed” as to who the real claimants are.

Maurelio Rallos, the attorney-in-fact, told The FREEMAN that Marian is not a claimant. He said there are 29 claimants in the case “heirs of Rev. Fr. Vicente Rallos vs. the City of Cebu.”

What he can remember, he said, is that Marian had filed a motion before the court but the same has been dismissed.

“Wa siyay labot sa kaso, kana sila ni claim tungod lang kay parehas og apelyido (She is not included in the case, they only claims because we have the same family name),” he said.  (FREEMAN)