…as Cebu City legal office is negative on it

CEBU, Philippines - The Cebu City Legal Office has issued negative opinion on the inquiry of some councilors on the legality of barangay aid to augment funding for upcoming barangay election.

Lawyer Floro Casas, Jr. has underscored that the account for “financial assistance for various projects” is so specific that it limits the use of the said fund only to ‘various projects’ of the barangays.

“Moreover, based on the common or technical usage of the word ‘project’, it cannot be argued that the same does not include activities like the conduct of the 2013 barangay elections,” wrote Casas.

Casas continued that the situation would have been different should the stipulation under the city budget ordinance was defined programs instead of just projects of the barangays.

“While the issue involved appears to be a simple game of words or phraseology, the possible consequences of the interpretation (misinterpretation) or application (misapplication) of the word ‘Project’ in this case is so serious to be underestimated or taken for granted,” Casas added.

Further, the legal opinion stressed the probability of disallowance by the Commission on Audit making disbursement authorities liable criminally and administratively for technical malversation.

The legal opinion stemmed from a verbal request of Councilor Margot Osmeña following a meeting with ABC president Michael Ralota, city treasurer’s office and budget office exploring the option of charging the barangay election augmentation funds from the city barangay aid after Comelec required the local government units to share the expense.— (FREEMAN)