CEBU, Philippines - The Cebu Provincial Board has deferred action on Toledo City’s 2014 annual budget pending resolution of the case before the Court of Appeals.
The budget is currently under review by the PB committees on appropriations and laws and review of ordinances. Majority of the members of the City Council questioned its passage before the court for lack of quorum when the budget ordinance was passed.
PB Member Grecilda Sanchez, who heads the committee on appropriations, said they are giving due respect to the CA.
“Our report is ready but withheld pending court’s decision,” Sanchez said.
Both the PB committees reviewing the budget ordinance recommended for the approval of the budget but its reports have been deferred.
The CA is expected to resolve budget controversy within the week after the 60-day temporary restraining order it issued on May 28 will expire today.
Mayor John Henry “Sonny” Osmeña filed a petition for certiorari with special prayer for status quo ante order, TRO and preliminary injunction to nullify the trial court’s decision on the budget.
Lawyer Judilyn Tapia, counsel for the majority members of the City Council, claimed that the CA did not know the whole facts of the case when it issued the TRO. One of the respondents, Councilor Ricardo “Kuya Nick” Pepito, expressed confidence that they will get a favorable decision from the appellate court.
The CA issued a 60-day TRO to stop the lower court’s writ of preliminary injunction and allowed the mayor to use the P619 million annual budget.
Councilors Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar filed the petition for preliminary injunction before the Regional Trial Court questioning the legality of the approval of the budget arguing that there was no quorum when the budget ordinance was passed.
RTC Branch 59 Judge Hermes Montero issued the writ of preliminary injunction last May 14 enjoining Osmeña, Vice Mayor Antonio Yapha Jr., and Councilors Leo Dolino, Merly Abad and Zosimo Abellanosa from disbursing the funds while the case is being heard. (FREEMAN)