Rama eyes raps vs councilors for delay of SB1

CEBU, Philippines - Cebu City Mayor Michael Rama is eyeing at suing city councilors for not approving the P2.8 billion Supplemental Budget 1 for this year, which has placed the “general welfare in trouble.”

“I am going to meet with my lawyers. I’ve been telling you. I don’t want to be called a belligerent mayor but I will now be confronting anyone of them because I cannot afford as a mayor and then invoking the parens patriae that few people (city councilors) putting the general welfare in trouble,” he said.

“Not just legal action but they should see me,” he added.

The Bando Osmeña Pundok Kauswagan-dominated City Council has decided to defer the approval of SB1 until the court resolves the civil case filed against the members of the body.

Romulo Torres, a taxpayer from Basak San Nicolas, sued Vice Mayor Edgardo Labella and all councilors to stop the city government from using the proceeds from the sale of lots at the South Road Properties. The city has collected over P8.5 billion from the sale of a 45.2-hectare area at the SRP.

The deferment of the additional budget for this year would stall the funding for certain items, including the P87 million for the garbage tipping fee, P77 million productivity enhancement incentives to employees, P2.3 billion prepayment of the SRP loan, among others.

The executive department has proposed a P3.32-billion SB1 but the City Council’s committee on budget and finance slashed the budget down to P2.8 billion.

The councilors present when SB1 was deferred are all under BOPK, including Margarita Osmeña, Alvin Dizon, Alvin Arcilla, Lea Japson, Nida Cabrera, Eugenio Gabuya, and Mary Ann de los Santos. City Councilor Nestor Archival presided the regular session last September 30 since Labella was out for official function.

Sought for comment on Rama’s reaction, Andales said the council deferred the approval of SB1 owing to the “dependency of the case” filed against them and applying “judicial courtesy.”

He said the councilors were the ones sued over the SRP sale and not the mayor.

“Remember we are facing administrative case before DILG   (Department of Interior and Local Government) for refund of P20,000 (calamity assistance disbursed in December 2013). How much more for P2.7 billion (SRP money in question)?” Andales said.

He said the councilors are waiting for the result of the case since Councilor Gerardo Carillo already answered the Torres’ complaint.

“The opinion of DILG had not been reserved or revised wherein the resolution cannot amend the ordinance and in the case of Garcia et al versus  Comelec, GR. No. 111230, September 30, 1994 held: An ordinance is intended to permanently direct and control matters applying to persons or things in general while Resolutions are expressive of an opinion of a legislature which have only a temporary effect,” Andales said.

He said the deferment was done “in good faith” and had “no malice.”

“We cannot prevent one filing a case against us basta not politically motivated and with legal basis and carefully the factual antecedence. Personally, I am not afraid because I am used to it example ABC board of directors before Sandiganbayan wherein we were acquitted. I had been practicing my profession for 35 years I welcome any legal suit,” he added.

He said the council already asked the executive department to look for other sources of funds to fund the “urgent” P87 million for garbage tipping fee and P77 million for the employees and officials’ productivity enhancement incentives.

However, City Treasurer Diwa Cuevas said realignment of continuing appropriations to the various Capital Outlays for 2012, 2013, and 2014 amounting to P200 million as advised by the council is not possible.

“Realignment man gud. Mobalik gihapon na nako. If we prepare the realignment, what will happen to the other payables?” Cuevas said, adding, that the budget under the Capital Outlays has been depleted.

She said some items were important but were slashed by the council, including the P2 million for the Colon Revitalization project, P50 million street lighting program, and P40 million solo parent program, among others. — /JMO (FREEMAN)