Council questions use of vetoed items

CEBU, Philippines -  The Cebu City Council has questioned the use of funds under the items in the second supplemental budget that were vetoed by Mayor Michael Rama.

The council specifically questioned the certificate of availability of funds issued by the City Treasurer’s Office for the P330,000 allocation for the Grand Launching and Opening Program of the Pasko sa Sugbo; P324,000 for the purchase of sports uniforms; and P229,964 for sports equipment to be charged against the City Sponsored Activities account.

 “We are in a limbo now on whether or not we can charge the items to that particular account,” said Councilor Margarita Osmeña, chairperson of the committee on budget and finance.

In a recent session, the City Council did not override but instead “noted” the vetoed portions of the second supplemental budget — the city sponsored activities and confidential or intelligence expense, making it “ineffectual.”

City Councilor Gerardo Carillo, lawyer by profession, earlier said the vetoed items will no longer be effective as provided under the law.

Section 55 (b) of the Local Government Code provides that “the vetoed item or items shall not take effect unless the Sanggunian overrides the veto…”

“The budget totally becomes frozen so we can’t utilize it,” Councilor Alvin Arcilla said.

City Accountant Mark Rosell Salomon, who is also a lawyer, explained before the council that they can charge amounts under the vetoed items because it was only the condition that was vetoed.

“It was only the condition that was vetoed without affecting the amount. Therefore, we can charge,” he said.

“The appropriation is deemed regular in space and tantamount to allocations,” he added.

City Treasurer Diwa Cuevas agreed saying, “the condition was vetoed not the budget itself. We can push through with the charging as it is the prerogative of the mayor.”

The council earlier asked the Department of Budget and Management for opinion as to the legality and usage of the vetoed items under SB-2.

Osmeña said the secretariat of the council has yet to receive the DBM’s reply.

“We have to wait for DBM’s reply before we can make charges,” Osmeña said.

But, Cuevas said the SB-2 is fully-operative even without the opinion of the DBM. The council has approved P243.7 million out of the original proposal of P501.2 million, this include P100,000 (of P6 million allocation) for intelligence funds and  P9,981,868 (of P25 million) city sponsored activities.

Rama vetoed the two slashed items citing the DILG Memorandum Circular No. 99-65, which provides that the “funds for intelligence or confidential purposes may be sourced from the total annual appropriations.”

 “Thus, there appears to be no cogent reason why the amount allocated for the confidential/intelligence expense to be unduly reduced and restricted. Considering that the Peace and Order Program of the City of Cebu, especially intelligence gathering activities, remains a primordial and priority concern of the city, I am, therefore, constrained to veto the said item,” the veto letter read. (FREEMAN)