Council to court: Rama has no authority to sue Purisima

CEBU, Philippines - The Cebu City Council yesterday passed a resolution to inform the Regional Trial Court that the petition filed by Mayor Michael Rama questioning the relief of city treasurer Ofelia Oliva did not have the authority from the city’s legislative body.

Councilor Augustus Pe, Jr., who authored the resolution, said Rama’s filing of a petition for declaratory relief against Finance Secretary Cesar Purisima was only his personal stand and does not reflect of the sentiments of the members of the city council.

In fact, majority of the members of the council wanted the immediate implementation of the relief order issued by Purisima against Oliva. The council wants assistant treasurer Emma Villarete to assume the post as ordered by Purisima.

Vice Mayor Joy Augustus Young also vowed not to recognize Oliva should there be another supplemental budget that needs to be defended before the council.

Young said he wants Villarete to appear before the council and defend the supplemental budget.

“Pagka karon si Emma Villa-rete na ang among ilhon nga city treasurer (right now we recognize Emma Villarete as city treasurer),” said Young.

Rama has chosen to ignore the opposition of the City Council over the case he filed against Purisima.

Rama said he did not expect any support from the council in the first place because they are not the aggrieved party.

“They are not the one being aggrieved. It is the Office of the Mayor, the executive department, the CTO and the city treasurer herself,” Rama said.

“Besides, how can I get affirmation from people who have been persecuting me?” he added.

The mayor insisted that he does not need an authority from the city council for a legal move that seek to protect the interest of the city government.

He said that the chief executive has the authority to file cases in court. It was made this way, he said, because there are instances when “time is of the essence.”

“When time is of the essence, you don’t have to let them hold a special session first,” Rama said.

He said there have been many cases filed by the City of Cebu without the council’s authority.

Rama said he is not worried at all that the resolution passed by the council opposing the executive’s move to resort to court on City Treasurer Ofelia Oliva’s designation will affect the case.

“I don’t think the judge will take it outrightly in that manner,” Rama said.

Rama earlier filed a petition for declaratory relief asking the court to rule on the legality of Purisima’s order relieving Oliva without going through the process.

Rama contended that the order should come from the Bureau of Local Government Finance (BLGF) and not from Purisima.

One of the provisions of the Local Government Code provides that the mayor “represent the city in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the Sangguniang Panlungsod or pursuant to law or ordinance.” –– (FREEMAN)