CEBU, Philippines - Toledo City Mayor John Henry “Sonny†Osmeña has lamented that the city government is “totally paralyzed†following the court issuance of a writ of preliminary injunction for the disbursement of the 2014 annual budget amounting to P619 million.
Osmeña told The FREEMAN that they can no longer pay the city employees their salaries and buy gasoline for police cars, ambulance and garbage truck. “We cannot do anything in the City of Toledo. That is the effect of the order of the judge,†Osmeña said.
Osmeña said the salaries for May 1 to 15 are yet to be paid due to the recent order of the Regional Trial Court.
The majority members of the City Council maintained that the case for the declaration of the budget ordinance 2014 was null and void with prayer for prohibition, temporary restraining order and writ of preliminary injunction. They added that the same is not the case regarding the salaries of the employees of the City Hall.
“The respondents very well knew that when there is no budget appropriation for the year, a reenacted budget takes place, wherein the salaries of the employees are very much protected and assured,†the City Council members claimed.
Section 323 of the Local Government Code provides that only the annual appropriations for salaries and wages of existing positions, statutory contractual obligations, and essential operating expenses authorized in the annual and supplemental budget budgets for the preceding year shall be deemed reenacted, and disbursement of funds shall be in accordance therewith.
“The salaries of the government employees are due them and cannot be withhold without lawful cause,†the members added.
Osmeña yesterday said there is no more reenacted budget as declared by the Department of Budget and Management during the hearing of the TRO, with the judge even acknowledging the enacted budget which he restrained.
On Monday, Osmeña said they will go to the Court of Appeals and ask to restrain RTC Executive Judge Hermes Montero in his issuance of the order.
Councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Aguilar filed a petition for the declaration of the city ordinance known as “Appropriation No. 2014-001†null and void.
They are also looking at filing a prohibition, TRO and writ of preliminary injunction against Osmeña, Yapha, Dolino, Abad and Abellanosa.
They alleged that there was no quorum during the special session when the questioned ordinance was passed last March 27. It was approved by Osmeña on the same day. —/BAL (FREEMAN)