CA assures to resolve Toledo City budget case

CEBU, Philippines - The Court of Appeals is set to resolve the Toledo City’s 2014 annual budget case before the expiration of the 60-day temporary restraining order it issued on May 28.

This was the assurance made by CA justices during the hearing of the petition filed by City Mayor John Henry “Sonny” Osmeña for certiorari with special prayer for status quo ante order, TRO and preliminary injunction to nullify the trial court’s decision on the budget.

During the hearing last Wednesday, the respondents, who are the majority members of the City Council, were able to present their side.

Both parties were given 30 days to file their respective memorandums for the CA to resolve.

“The CA in issuing the TRO did not know the whole facts of the case,” said respondents’ counsel, Atty. Judilyn Tapia.

One of the respondents, Councilor Ricardo “Kuya Nick” Pepito, expressed confidence that they will get a favorable decision from the CA.

The CA earlier issued a 60-day TRO to stop the implementation of the writ of preliminary injunction and allowed the implementation of the City’s budget ordinance amounting to P619 million.

Councilors Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar filed the petition for preliminary injunction before the Regional Trial Court for lack of quorum when the budget ordinance was passed.

RTC Branch 59 Judge Hermes Montero issued the writ of preliminary injunction last May 14 enjoining Osmeña, Vice Mayor Antonio Yapha Jr., and Councilors Leo Dolino, Merly Abad and Zosimo Abellanosa from implementing or executing Appropriation No. 2014-001and disbursing funds pursuant thereto, while the main case is being heard.  (FREEMAN)