CEBU, Philippines - Judge Douglas Marigomen of Regional Trial Court Branch 5 granted the temporary restraining order asked by the city government to stop the implementation of two department personnel orders by the Department of Finance.
Earlier, DOF Secretary Cesar Purisima issued two orders designating Tessie Camarillo and Emma Villarete, during separate occasions, as in-charge of the Office of the Treasurer in Cebu City.
However, Marigomen in his open court ruling yesterday, enjoined Villarete from assuming the position.
“TRO issued for 20 days and enjoining Emma Villarete not to assume office,” he ruled.
He added he found Purisima violated the Local Government Code in appointing Camarillo as acting city treasurer. Camarillo was not among three nominees recommended by Mayor Michael Rama before the Bureau of Local Government Finance.
Likewise, Marigomen directed the parties to file their position paper within 10 days for the application of the issuance of the writ of preliminary injunction.
Lawyer Wilbert Tañeca of BLGF manifested before the court that it was last Monday the case was referred to the Solicitor General and asked for the resetting of the urgent motion to hear the petition.
However, Marigomen denied the manifestation.
“We cannot wait for the SolGen…its one week already,” he said referring the filing of case.
Rama asked for the replacement of Camarillo as city treasurer sometime in October 2011 after she told the media that the proposed annual budget was impossible to achieve.
The proposed budget for annual general fund of the city for year 2012 was P11.81 billion.
Rama said the announcement of Camarillo shows the lack of her “sense of vision”.
Rama submitted his recommendations before the BLGF for the designation of an acting city treasurer namely Ofelia Oliva, Emma Villarete and Juanita Monina Paires.
On January 9, 2012, Rama said he received a communication from the OIC-Regional Director of BLGF Carmelane Tugas requesting him to nominate or to recommend one qualified personnel for the position and he recommended Oliva.
Oliva was designated to the position for six months effective January 16, 2012 up to not beyond July 15.
But Rama said one month after Oliva’s assumption, Purisima issued an order relieving Oliva from the post and designating Camarillo.
He added he filed a motion for reconsideration before the DOF but there has been no decision yet.
As of recently, Purisima issued another order designating Villarete to the same post.
Rama said although he recommended Villarete as nominee for the position, the said order of Purisima “superseded” since the BLGF already asked for only one nominee. — (FREEMAN)