Eastern Samar employees seek CA relief on salaries' delay

MANILA, Philippines - Provincial employees of Eastern Samar have sought relief from the Court of Appeals (CA) against a recent order of the Borongan City court stopping the release of funds for their salaries.

In a 15-page petition filed with appellate court’s division in the Visayas last week, the rank-and-file employees questioned the legality of the preventive injunction order issued by the Borongan Regional Trial Court Branch 1 last March 19 enjoining the implementation of several ordinances approved by the provincial board.

They alleged that the order was issued with grave abuse of discretion amounting to lack or excess of jurisdiction and should be nullified, as it has paralyzed the entire operations of the provincial capitol, particularly offices involved in the delivery of basic services.

“With the present scenario that the employees of the provincial government cannot receive their salaries as a result of the injunction issued by the court, it is very clear that petitioners, among other employees... will suffer the greatest irreparable injury and injustice as their salaries are their only means of income,” the petitioners said.

The court, they said, should have weighed this “injustice against the supposed injury that petitioners could allegedly suffer.”

They warned that if the RTC order is not immediately enjoined, they would suffer “grave and irreparable injury” because they will not receive their salaries and other benefits, such as their salary increase, under Appropriation Ordinance No. 20, series of 2011, which is the 2012 Annual Budget of the provincial government of Eastern Samar.”

It was alleged that the RTC committed grave abuse of discretion in issuing the injunction order upon petition of several members of the provincial council since it was issued without the requirement of a proper bond, no affidavit of merit and violation of the administrative circular of the Supreme Court which prevents courts from issuing TRO and injunction orders against government projects covered by Presidential Decree 1818.

The petitioners explained that the provincial board members voted 7-6 in all the ordinances. With Vice Gov. Christopher Sheen Gonzales also giving his nod, the vote was practically 8-6, they added.

Last March 2, Eastern Samar Gov. Conrado Nicart Jr., Gonzales and the other respondents appeared in court and defended the ordinances.

The application for the issuance of the writ of preliminary injunction was heard last March 14 where parties orally and extensively argued relative to their respective positions.

During the hearing, an opinion of the legal services division of the Department of the Interior and Local Government that the three ordinances enjoy the presumption of validity was presented. Still, the lower court issued the order enjoining the implementation of the ordinances.

As a result, the provincial employees did not receive their salaries last March 22 and they decried this supposed violation of their constitutional right to property.

The ordinances, among others, allocated P8 million for the construction of covered courts in Barangay Alugan, San Policarpio town and Barangay Tangbo, Arteche town and the concreting of a municipal road in Can-avid town; authorized P662.7 million as annual budget for fiscal year 2012; and earmarked P600 million for road concreting in Barangay Bahay, San Policarpio town and a water system project in Barangay Bahay, San Policarpio town.