Labella:Council still not acting on it: Ombudsman asked to order council to act now on SB-1

CEBU, Philippines – Cebu City Vice Mayor Edgardo Labella has requested the Office of the Ombudsman-Visayas to direct the members of the council to “immediately” act on the P2.8 billion Supplemental Budget-1 this year.

Labella said that eventhough the court had already denied the petition of Romulo Torres on his civil case for a temporary restraining order, members of the council still did not act on the additional budget.

“It is respectfully prayed of the Honorable Office of the Ombudsman (Visayas) that an order be issued directing the Sangguniang Panlungsod of the City of Cebu to immediately act, pursuant to the mandate of R.A. 7160, otherwise known as the Local Government Code of 1991, on Supplemental Budget No. 1-CY 2015, of the City of Cebu,” read Labella’s request dated November 26, 2015 to Deputy Ombudsman for the Visayas Paul Elmer Clemente.

According to him, the anti-graft office has the duty to direct employees of the government to “stop, prevent and correct any abuse or impropriety in the performance of duties” as provided under Section 15 paragraph 2 of Republic Act 6770 or “The Ombudsman Act of 1989.”

Labella is a lawyer by profession and was the former director of the Office of the Ombudsman before he was elected as a public official.

In August 14, Mayor Michael Rama submitted the proposed SB-1, which contains the P2.4 billion prepayment of the South Road Properties loan; P87 million garbage collection and tipping fee; and P77.3 million for the productivity enhancement incentive for the employees, among others.

But the majority bloc of the council “squelched subsequent motions for lifting the deferment of discussion on SB-1” for five consecutive regular sessions, said Labella.

The vice mayor said it is the “bounden duty” of the council to act on SB-1 as mandated by the Local Government Code in Sections 305 (a), 321 and 458 (a) (2) (i).

It is required by law to act on the budget, either to approve, disapprove, or slash the items they oppose, and then send it back to the Office of the Mayor, he said.

According to Labella, the dismissal of the petition in the civil case filed by Torres dated November 18, 2015 is more than enough for the council to act on the additional budget.

The ground for the refusal of the majority members of the council to act on the said budget, which is an alleged pendency of the civil case, should be rendered inexistent, he said.

“It is quite clear, though, that their refusal to act on SB1-2015 is not anchored on solid legal grounds,” he said.

The vice mayor said the most important item under the SB-1 is the prepayment of the SRP loan since the city government has already completed the documentary requirements.

“The prepayment would save the City of Cebu an estimated average daily interest of P148,000. It is an estimated amount due to the presence of foreign currency exchange rate fluctuations. The prepayment would also secure the city from any possible international financial fluctuations. In fact, the city of Cebu has already suffered foreign exchange loss in the total amount of P1.748 billion,” he said.

“The majority Sangguniang Panlungsod members’ deliberate and baseless refusal to act on SB1-2015 is disservice to the city and, to the city’s employees, an undue deprivation of property in violation of their Constitutional right,” Labella added.

Considering the urgency of the matter, Labella is hoping that the Office of the Ombudsman-Visayas would act on his request. — Jean Marvette A. Demecillo/NSA (FREEMAN)