PB upholds veto of Guv on supplemental budget
January 21, 2006 | 12:00am
The Sangguniang Panlalawigan's committee on laws and ordinances headed by Provincial Board Member Antonio Almirante, Jr. upheld the line veto of Cebu Governor Gwendolyn Garcia on the resolution covering the P276.3-million appropriation for last year's second supplemental budget.
In effect, the committee on laws recommended for the deletion or removal from the said resolution the part, indicating the observations made by the committee on budget and appropriations when the second supplemental budget was presented to the board for approval during its session held last October 24.
This is because when the provincial board approved Resolution No. 4309-2005 covering the second supplemental budget, it also carried the report rendered by the committee on budget and appropriations, and thus made it an integral part of the said approved measure.
Specifically, the report of the committee on budget and appropriations, headed by PB member Luigi Quisumbing, set conditions in the approval of the P276.3-million appropriations by asking Garcia to explain the certification she issued as to the urgency of the of the budget and to submit certain contracts to the Sangguniang Panlalawigan for another authorization.
Yet Garcia issued a line veto on the said measure, saying she is not required to explain her reasons for issuing such certification, pointing out that such matter is within the ambit of executive judgment, "which is entitled to full faith and credence."
In the same manner, the governor, too, cannot demand for an explanation from the Sangguniang Panlalawigan on a particular piece of legislation because to do so implies encroachment on the local legislative branch's power, functions and discretion, Garcia further said.
In her veto message to the board, Garcia said that under the Local Government Code she is not required to explain her reasons for certifying the urgency of a proposed legislation.
As to the board's demand for the executive department to submit certain contracts to the local legislative body for another authorization, Garcia then said "it would be more prudent for the parties to await the decision of the courts on the matter, out of respect to judiciary, so as not to render the court's decision moot and academic."
Quisumbing earlier questioned the governor for entering contracts for the security and janitorial services of the Capitol without any authority from the board.
But since the Sangguniang Panlalawigan did not avail of its power to override the veto of the local chief executive as provided for under section 4 of the Local Government Code, the committee on laws said "the legal effect of the veto stays" but only on that part of the resolution which incorporated the comment of the committee on budget and appropriations, which was the subject of Garcia's veto. - Cristina C. Birondo
In effect, the committee on laws recommended for the deletion or removal from the said resolution the part, indicating the observations made by the committee on budget and appropriations when the second supplemental budget was presented to the board for approval during its session held last October 24.
This is because when the provincial board approved Resolution No. 4309-2005 covering the second supplemental budget, it also carried the report rendered by the committee on budget and appropriations, and thus made it an integral part of the said approved measure.
Specifically, the report of the committee on budget and appropriations, headed by PB member Luigi Quisumbing, set conditions in the approval of the P276.3-million appropriations by asking Garcia to explain the certification she issued as to the urgency of the of the budget and to submit certain contracts to the Sangguniang Panlalawigan for another authorization.
Yet Garcia issued a line veto on the said measure, saying she is not required to explain her reasons for issuing such certification, pointing out that such matter is within the ambit of executive judgment, "which is entitled to full faith and credence."
In the same manner, the governor, too, cannot demand for an explanation from the Sangguniang Panlalawigan on a particular piece of legislation because to do so implies encroachment on the local legislative branch's power, functions and discretion, Garcia further said.
In her veto message to the board, Garcia said that under the Local Government Code she is not required to explain her reasons for certifying the urgency of a proposed legislation.
As to the board's demand for the executive department to submit certain contracts to the local legislative body for another authorization, Garcia then said "it would be more prudent for the parties to await the decision of the courts on the matter, out of respect to judiciary, so as not to render the court's decision moot and academic."
Quisumbing earlier questioned the governor for entering contracts for the security and janitorial services of the Capitol without any authority from the board.
But since the Sangguniang Panlalawigan did not avail of its power to override the veto of the local chief executive as provided for under section 4 of the Local Government Code, the committee on laws said "the legal effect of the veto stays" but only on that part of the resolution which incorporated the comment of the committee on budget and appropriations, which was the subject of Garcia's veto. - Cristina C. Birondo
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