CA allows Toledo City to disbursement budget

CEBU, Philippines - The Court of Appeals has allowed the Toledo City government to go ahead with the disbursement of the controversial 2014 annual budget.

The appellate court granted a 60-day Temporary Restraining Order against an earlier decision by the Regional Trial Court that barred Mayor John Henry Osmeña and the executive department from using the P619 million annual budget.

Toledo City legal officer Glenn Cavada said they received yesterday the order penned by Associate Justice Jhoseph Lopez of the 19th division of the Court of Appeals.

 â€œThe 19th division issued a TRO effective for sixty (60) days. This means we can continue to use the 2014 budget of the city government,” Cavada said.

Cavada explained that they have started using the 2014 annual budget before it was stopped by a writ of injunction issued by RTC Branch 59 Judge Hermes Montero.

Cavada said the city government can now pay all its payables, including to the Cebu Electric Cooperative III. CEBECO disconnected the power supply of all government offices in Toledo City except for the jail and the hospital because of unpaid bills amounting to P1.2 million. 

 The city government can now release the salaries and half of the 13th month of its employees. Cavada assisted Osmeña in filing a petition for certiorari before the Court of Appeals seeking to reverse the TRO issued by the RTC.

Osmeña prayed for the issuance of status quo ante order, TRO, and preliminary injunction against the lower court. He asked the CA to restrain Montero from continuing with the hearing of the civil case filed by the members of the opposition in the City Council.

The RTC earlier issued an injunction against Osmeña, Vice Mayor Antonio Yapha Jr., and Councilors Leo Dolino, Merly Abad, and Zosimo Abellanosa. They were barred from implementing or executing the city’s appropriation ordinance after the opposition questioned the lack of quorum during its approval.

Councilors Ricardo Pepito and five others questioned the passage of the appropriation ordinance claiming that there was no quorum when it was passed.

Osmeña, however, asked the appellate court to set aside the order of the trial court for having been issued without or in excess of jurisdiction and with grave abuse of discretion amounting to lack or excess of jurisdiction.

 He cited that the requisites for issuance of writ of preliminary injunction were not present; the appropriation ordinance is presumed regular and valid; and lack of jurisdiction over the action for failure of councilors Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa, and Edgardo Aguilar to exhaust administrative remedies.

Osmeña said the appropriation ordinance is valid insisting that there was a quorum when it was passed. He said the presence of six members out of 11 members of the Sangguniang Panlungsod on March 27, 2014 special session was sufficient to establish a quorum.

 Following the CA decision, Osmeña has immediately received all his allowances which were pending because of the case.

The majority bloc of the City Council showed to reporters a copy of the accountant’s advice dated May 15, 2014 to Land Bank the Philippines-Toledo City branch.

The document shows three checks issued to Osmeña dated May 12, May 13, and May 14, 2014 amounting to P18,000; P38,025.50, and P5,000, respectively. — /FPL (FREEMAN)