Councilor hits mayor for abuse of authority

CEBU, Philippines - Talisay City Councilor Aldin Diaz had accused Mayor Johnny De los Reyes of committing grave abuse of authority when the latter withheld and denied the refund of his travel and training expenses incurred during the recent Philippine Councilors League seminar.

In his final demand letter, dated last September 17 and addressed to the mayor and son, City Administrator John Yre de los Reyes, Diaz said: "I am writing to you regarding my claim for travel and training expenses, which your office has denied."

In his final demand letter dated September 17, Diaz said the mayor refused to release his refund in the amount of P20,400 for his travel and training expenses dated August 13 to 15 and September 4 to 6.

Diaz said the mayor has no authority to withhold his refund, contending that the City Council approved the budget for legislators, P1 million for travel and P800,000 for training expenses. "My claim has basis under the law," he said and that the expenses were charged to the account of the City Council.

Citing DILG opinion No. 31 s. 2000, Diaz argued that the mayor has no discretionary power to approve the request for official travel by members of the City Council. "The mayor's approval and signature for the approval of this is only a ministerial function and not a discretionary function hence, the mayor cannot arbitrarily refuse to release the funds for this," he said.

The mayor also allegedly refused to sign Diaz’ travel on September 18 and 19 for a PCL event. The councilor said file a mandamus before the court and a case for grave abuse of authority and discrimination against De los Reyes for denial of the travel request and refund of the expenses. 

De los Reyes, in a separate interview, admitted he did not sign the request for refund to Diaz, saying it was his way of strongly warning the councilor and the entire Council that they need a mayor. "Ako wala diay ko nila apikiha sa akong budget? Ako ning gipa-feel nila nga sila mismo nagkinahanglan sab sila og mayor," he said, adding that Diaz even threatened to sue him in court. 

Vice Mayor Romeo Villarante commented that the mayor, having ministerial functions, could not refuse signing the travel order of a councilor when the vice mayor already recommended this.

Villarante said the mayor’s act of unjustifiably withholding his signature in the travel order and denying any refund would warrant an administrative case for abuse of authority, based on the Local Government Code of 1991. -/RAE (FREEMAN)