Court holds off Toledo budget

CEBU, Philippines - The Regional Trial Court has issued a writ of preliminary injunction for the disbursement of the 2014 Toledo City annual budget amounting to P619 million reportedly passed by only three councilors during a special session.

RTC Executive Judge Hermes Montero of  Branch 59 in Toledo City enjoined Mayor John Henry “Sonny” Osmeña, Vice Mayor Antonio Yapha Jr., and councilors Leo Dolino, Merly Abad, and Zosimo Abellanosa, or any other persons acting under their direction, control, or on their behalves from implementing or executing the City Ordinance, known as Appropriation No. 2014-001.

Montero granted Tuesday the application for preliminary injunction filed by six city councilors comprising the majority members of the City Council.

“In the case at bar, should the writ of injunction not be granted and the petition is indeed meritorious, there can be no standard by which the amount of the injury of the petitioners can be measured with reasonable accuracy,” read the six-page order of Montero dated Wednesday.

Montero said the petitioners invoked their right and duty for the conduct of a legislative action in accordance with law and they comprise the very institution whose action is in question thereby affecting the public interest of the City.

“The alleged violation is a continuing one which involves disbursement of public funds in a huge amount of P619,141,201.22, an amount which calls for the exercise of judicious caution in the highest interest of justice,” the order further read.

Montero earlier issued 20-day the temporary restraining order to stop the disbursement of the P619 million annual budget which expired on May 10.

Toledo City Councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar filed a petition for the declaration of the city ordinance known as “Appropriation No. 2014-001” null and void, prohibition, TRO and writ of preliminary injunction against Osmeña, Yapha, Dolino, Abad and Abellanosa.

They alleged that there was no quorum during the special session when the questioned ordinance was passed last March 27. It was approved by Osmeña on the same day.

Present during the special session were Pepito, Helen Jill, Dolino, Abad and Abellanosa.

Last Monday, the six councilors filed charges before the Office of the Ombudsman against Osmeña, Yapha, Dolino, Abad, and Abellanosa for abuse of authority for allegedly passing and approving the 2014 budget illegally.

Quorum

Abellanosa said contrary to the claim of other councilors, there was a quorum during the passing and approval of the 2014 budget.

Abellanosa told the media that on March 27, Yapha declared a quorum during special session in passing and approving the budget.

“After Vice Mayor Yapha declared in quorum, (Helen Jill) Espinosa walked out. During the session we are six; three from minority, two from majority and Dr. Yapha,” he said, adding the attendance was not dissolved although Espinosa walked out when they approved and passed the budget.

Abellanosa said passing and approving the budget was done in good faith to help the people of Toledo City. March 27, he said was the last day for them to approve the budget as they had 90 days to do it.—/BRP (FREEMAN)