Labella advises Rama: Seek declaratory relief from court

CEBU, Philippines - Cebu City Vice Mayor Edgardo Labella said it would be better if Mayor Michael Rama will file a civil case for declaratory relief to settle the issue on the 2015 annual budget ordinance.

Earlier, Rama said he was considering filing against the City Council members a complaint for usurpation of authority. Under Article 177 of the Revised Penal Code, usurpation of authority is a criminal offense.

This was after the Bando Osmeña-Pundok Kauswagan-dominated council inserted special provisions and/or conditions in the budget ordinance that he felt already encroached upon the executive powers of the mayor.

“(The council members) has been constituting and arrogating upon them(selves) the power of the mayor. That for me is going beyond and encroaching on my prerogative as the mayor; thus, I will bring that to the Ombudsman,” he had said.

Labella, though, said filing a civil case for declaratory relief is a remedy to settle the said problem.

“There is a remedy… if it is the question on the interpretations of the existing provisions of law, then,  maybe file a declaratory relief  for the court to determine which interpretation is correct or which one is right,” the vice mayor said.

“There are conflicting interpretations.  The majority members (of the city council) say that it is not an encroachment and the mayor says… and in fact I caution... that this could be an encroachment on the executive’s prerogative,” added the City Council presiding officer.

Rule 63 of the 1997 Rules of Civil Procedure states that “in any action involving the validity of a local government ordinance, the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall also be notified and entitled to be heard.”

Labella, though, said he “cannot say” if indeed Rama has grounds in citing the City Council members culpable for usurpation of authority.

He also emphasized that the budget cannot be implemented if there is an injunction or restraining order issued by the court.

The City Council slashed Rama’s proposed P18.9-billion 2015 Annual Budget to P13.4 billion, and set limitations or conditions on some budgetary items before approving the budget ordinance.

The identified fund source of P4.5 billion worth of projects is the sale of two prime lots at the South Road Properties, but the council said the amount would be used only for capital outlay.

The 2015 budget ordinance states “All Capital Expenditures of this annual budget shall be sourced out of the sale of disposed assets-SRP lot. Implementation and purchases of any and all capital expenditure items identified in this annual budget shall be enforceable upon the sale of the SRP lot.”

In the ordinance, the council also placed a condition for the Maintenance and Other Operating Expenses at P3.72 billion, that P1 million will be allocated for the special bodies under the Office of the Mayor.

“All appropriations for MOOE shall not be used for payment of honorarium for job order personnel unless authorized through a resolution by the Sangguniang Panlungsod,” read part of the general provision of the budget ordinance.

Rama said the City Council members should be sued as one if they belong to one group.

 “If they all are one party then they should be sued as one party, all of them will be included. It will not be limited to one encompassing approach because that is a party stand,” he said.

City Councilor Nendell Hanz Abella, vice chairman of the committee on budget and finance and an ally of the mayor, said the provisions in the budget were harmless.

Told of Labella’s recommendation, Rama said he will consult his lawyers on this matter.

“I will be going to sit down (with my lawyers). I will always listen to my legal minds and abogado de campanilla sa konseho,” he said.— (FREEMAN)