Named respondents in the petition for certiorari, prohibition and mandamus were Executive Secretary Roberto Romulo, Budget and Management Secretary Emilio Boncodin and Interior and Local Government Secretary Jose Lina.
Mandanas, through legal counsel Ma. Cecilia Austria-Chua, said the conditional release by the Oversight Committee on Devolution of P5 billion of Batangas IRA was unconstitutional.
He said the Local Government Code clearly stipulates that the IRA should be released automatically.
He said Romulo, Lina and Boncodin failed to do their duties in effecting the release of funds needed to carry out projects under the Local Government Service Equalization Fund (LGSEF).
Mandanas said the executive budget which President Arroyo submitted to Congress treated the IRA as an automatic appropriation without any lien or holdback. Arnell Ozaeta