COA-7 seeks help on Rallos lot mess

CEBU, Philippines - The Commission on Audit in Central Visayas (COA-7) has asked the assistance of its mother unit in dealing with the case of the city government against the claim of the heirs of Rev. Fr. Vicente Rallos.

The City Government has requested COA-7 to issue a written communication to Sheriff Eugenio Fuentes and Presiding Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9, requiring them to comply faithfully with the Supreme Court Administrative Circular No. 10-2000.

This Circular was issued by then SC Justice Hilario Davide Sr in October 25, 2000. It mandates, among others, that any money claim against the government must be filed before the Commission on Audit.

But Delfin Aguilar, COA-7 Director, said that issuing the written communication to require the Sheriff and the Presiding Judge to comply with the said circular is not within the jurisdiction of COA.

“We knew fully that giving due course to the request of the City mayor is not within the jurisdiction of the Commission on Audit… but we are also concerned on the adverse effects of the move of the Sheriff to enforce the Writ of Execution issued by the Court despite the directive issued by then Chief Justice Davide and the specific provisions of PD 1445, which give the commission the exclusive jurisdiction over money claims against the government,” Aguilar said in his letter to Assistant Commissioner Elizabeth S. Zosa, General Counsel of the Legal Services Sector of COA.

Aguilar wrote Zosa through Atty. Lita E. Diez, Director-in-Charge of the Regional Coordination Office last March 9. A copy of the letter was furnished to Mayor Michael Rama.

Aguilar asked his mother office for intervention especially in coordinating with the Office of the Court Administrator of the Supreme Court.

“To protect the interest of the government, we are constrained to elevate thereat the request of the Honorable Mayor of Cebu City so that appropriate action may be taken, which may include the necessary coordination with the Office of the Court Administrator, Supreme Court of the Philippines that exercises administrative supervision over judges and other court personnel with respect to compliance with the issuances of the Supreme Court,” Aguilar said.

In opinion issued earlier, COA-7 confirmed that all claims against the government must be filed before COA as stated in circular 10-2000.

This is the basis of the city government to caution the banks in not garnishing the city’s deposits to satisfy the P133 million claim of the Ralloses.

It is also the city’s basis in their planned legal actions to recover the P56,196,369.42 city government funds that was garnished in December 28, 2001, January 30, 2002 and December 4, 2008.  – (FREEMAN)