2008 budget row: Ombuds exonerates Cortes from graft raps

CEBU, Philippines - The Office of the Ombudsman Visayas has dismissed both criminal and administrative complaints filed by the Mandaue City Council against Mayor Jonas Cortes over his alleged disregard of a provision of the 2008 budget ordinance of the city.

Graft investigator Alfred Yann Oguis dismissed the complaints for violation of the Anti-Graft and Corrupt Practices Act, falsification of public documents and usurpation of functions against Cortes for lack of probable cause.

The case stemmed from a complaint filed by the members of the City Council led by former councilor Victor Biaño accusing Cortes of violating a provision of the city’s budget ordinance in 2008.

Cortes allegedly disregarded section 2 of Ordinance No. 11-2007-428, which requires him to get prior approval from the council before any disbursement of funds for the salaries of casual and contractual employees could be made.

In total disregard of the provision of the budget ordinance, Cortes allegedly allocated and disbursed a total of P58,923,200 for the salaries of casual and contractual employees without securing first the council’s approval.

Cortes questioned the provision in the ordinance which was then blamed for the delay of the salaries of some 1,300 casual employees of the city in 2008.

To address the problem Cortes issued an executive order directing all city officials to disregard the budget ordinance and ordered the release of the salary of the casual employees which prompted the members of the council to file charge him. However, the anti-graft office ruled that Biaño should have filed the appropriate legal remedy in court instead of filing a complaint before the Ombudsman. — (FREEMAN)