Sonny to CA: Order city’s annual budget’s release

CEBU, Philippines - Toledo City Mayor John Henry “Sonny” Osmeña is seeking the intervention of the Court of Appeals for the lifting of a lower court order preventing the city from disbursing  their 2014 annual budget amounting to P619 million.

Assisted by City Legal Officer Glenn Cavada, Osmeña filed a petition for certiorari with special prayer for status quo ante order, temporary restraining order (TRO) and preliminary injunction before the appellate court at 2 p.m.

In his 23-page petition, Osmeña asked the CA to issue a preliminary injunction and/or a TRO to restrain Judge Hermes Montero of the Regional Trial Court Branch 59 from continuing with the hearing of the civil case Pepito, et. al. versus Osmeña, et. al. pending resolution of his case.

“Pending the resolution of the instant case, petitioners most respectfully moves unto this Honorable Court for the urgent issuance of TRO and/or preliminary injunction…so as to prevent this case from being rendered moot, nugatory, ineffectual,” he added.

Montero last week issued a writ of preliminary injunction enjoining Osmeña, Vice Mayor Antonio Yapha Jr., and councilors Leo Dolino, Merly Abad, and Zosimo Abellanosa from implementing or executing Appropriation No. 2014-001and disbursing funds pursuant thereto, while the main case is being heard.

The main case is set to be heard on June 25, 2014.

Osmeña asked the CA to set aside an order of the trial court that he said was issued “without or in excess of jurisdiction and with grave abuse of discretion amounting to lack or excess of jurisdiction.”

He said that the requisites for the issuance of writ of preliminary injunction were not present; the appropriation ordinance was presumed regular and valid; and that there was lack of jurisdiction because City Councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar to exhaust administrative remedies.

Osmeña said that there was no irreparable injury that may be suffered by Pepito, Borja, Caburnay, Louis Nicholas, Helen Jill and Aguilar if a writ of preliminary injunction will not be issued.

“On the contrary, it is the petitioner, the entire city government employees of the City of Toledo, and the constituents of Toledo City that is faced with clear, imminent irreparable injury as a consequence of the issuance of the assailed injunction order,” he added.

The appropriation ordinance, Osmeña said, was valid because there was a quorum, contrary to the claim of his detractors. He said the presence of six out of 11 members of the Sangguniang Panlungsod of Toledo City during the March 27, 2014 special session was sufficient to establish a quorum.  (FREEMAN)