Rama still confident on Rallos case

CEBU, Philippines - Cebu City Mayor Michael Rama remained tightlipped on the notices of levy for two lots at the South Road Properties that court sheriff Eugenio Fuentes submitted before the Register of Deeds.

“I do not wish to discuss that. Huwaton lang nato kung naa na na then we will take action,” Rama said.

But he reiterated yesterday that the recent decision of the court denying their motion to quash the writ of execution and to set aside the notice of garnishment maybe a huge disappointment, but this does not mean they have given up on the case.

The mayor also said they will not be satisfied with simply stopping the garnishment of P133.4 million in payment to the Rallos heirs.

“This administration will not stop until the P56,196,369.42 will be returned to the people plus the interest,” he said.

The P56.1 million represents the amount that was garnished from the City Government’s funds in the past.

“Mupadulong gyud na sa pagbawi sa atong nabayad na because we strongly believe that the lot should not be paid by the city,” Rama said.

The mayor is confident that the bank could not garnish the city’s accounts easily as there are provisions that protect the city from garnishment.

“While the decision of Judge (James Stewart) Himalaloan had denied due course with the city’s motion to quash, on the second paragraph of the dispositive portion he gave an implicit order to Sheriff Eugene Fuentes to ‘exercise utmost prudence and caution strictly observing the procedure and mandates of Sec. 305 (a) or R.A. 7160, Sec. 9 (c), Rule 39 of the Rules of Court and Administrative Circular No. 10-2000 of the Supreme Court,” Rama said.

Section 305 of R.A. 7160 or the Local Government Code says that the financial affairs, transactions and operations of the LGUs shall be governed by fundamental principles, such as, “no money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law.”

SC Administrative Circular No. 10-2000 also said that “disbursements of public funds must be covered by the corresponding appropriation as required by law. The functions and public services rendered by the state cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law.”

The SC circular added that all money claims against the government must first be filed with the Commission on Audit.

The COA must act upon it within 60 days.

“Rejection of the claim will authorize the claimant to elevate the matter to the Supreme Court or certiorari and in effect sue the state thereby,” the circular reads.

“Suma total, dili madali dali or garnish ang kaban sa katawhan. Unlike before nga gisayon-sayon lang og garnish ang deposito sa atong bangko. There are no bonuses to be earned or medals to be won in our effort so that justice be served. We do this because it is the right thing to do,” Rama said. (FREEMAN)