CEBU, Philippines - The Appellate Court has ordered the lifting of a lower court order preventing the Toledo City government from disbursing its 2014 annual budget amounting to P619 million.
Associate Justice Jhoseph Lopez of the Court of Appeals 19th Division granted the petition for certiorari filed by Toledo City Mayor John Henry “Sonny” Osmeña.
Toledo City Legal Officer Glenn Cavada told The FREEMAN that it was only yesterday that their office received the CA decision that set aside the writ of preliminary injunction issued by Judge Hermes Montero of the Regional Trial Court Branch 59.
Montero has earlier barred Osmeña, Vice Mayor Antonio Yapha Jr., and City Councilors Leo Dolino, Merly Abad, and Zosimo Abellanosa from implementing or executing Appropriation No. 2014-001and disbursing funds thereof after six city councilors questioned its passage because of “lack of quorum.”
Cavada said they expected the CA to grant their petition because quorum was properly established in the passage of the said appropriation ordinance.
In his petition, Osmeña asked the CA to set aside Montero’s order, which he said was issued “without or in excess of jurisdiction and with grave abuse of discretion amounting to lack or excess of jurisdiction.”
Osmeña said requisites for the issuance of a writ of preliminary injunction were not present in the case, adding that the appropriation ordinance was presumed regular and valid.
He said the appropriation ordinance was valid because there was a quorum, contrary to the claim of City Councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar.
The mayor said the presence of six of 11 Sangguniang Panlungsod members of Toledo City during the March 27, 2014 special session was sufficient to establish a quorum.
Meanwhile, the Cebu Provincial Board deferred action on Toledo City’s 2014 budget pending decision of the case filed by Osmeña before the CA.
Reportedly, the budget is currently under review by the PB committees on appropriations and laws and reviews of ordinances headed by PB Member Grecilda Sanchez.
This was after majority members of the Toledo City Council questioned the passage of Appropriation No. 2014-001 for lack of quorum.— (FREEMAN)