Rama mulls suing council

CEBU, Philippines – The opening of the 2015 may not be  smooth and tranquil for city officials as Cebu City Mayor Michael Rama said he is mulling suing members of the City Council for usurpation of authority after they lobbied for the inclusion of restrictions and limitations on the use of the annual budget.

“It (P13.4 billion annual budget) is better than nothing, but all (items) that are ought to be vetoed I will veto and I will file a case especially on acts that do not belong to them (council),” he retorted.

“(The council) has been constituting and arrogating upon them the power of the mayor. That for me is going beyond and encroaching my prerogative as the mayor, thus I will bring that to the Ombudsman,” he added.

Usurpation of authority is a criminal offense under Article 177 of the Revised Penal Code,

Rama said he has yet to receive the official copy of the 2015 annual appropriation, but he has so much reservations and objections on the budget.

The council approved the budget over the weekend, however they placed limitations or conditions on the budgetary items passed. The executive department had originally proposed P18.9 billion.

For instance, the identified fund source of P4.5 billion from the sale of two prime lots at the South Road Properties with specified “colatilla.” The council said the P4.5-billion will only be used for the capital outlay.

The Section 3 of the 2015 budget ordinance provides that “All Capital Expenditures of this annual budget shall be sourced out of the sale of disposed assets-SRP lot. Implementation and purchases of any and all capital expenditure items identified in this annual budget shall be enforceable upon the sale of the SRP lot.”

Rama said the council has infringed on the power of the local chief executive, a clear violation of the Local Government Code.

Vice Mayor Edgardo Labella, a lawyer by profession, earlier cautioned the council on the said provision as they may be “harboring on serious and legal ramifications” likened to the P20,000 calamity assistance given to 4,200 city officials and employees last year that resulted to an administrative complaint before the Office of the President.

City attorney Gerone Castillo said they have yet to peruse and examine the transcript of the minutes of the deliberation of the budget to determine how they will bank and substantiate the case to be filed against the councilors.

He said the respondents of the case would still be determined as to their participation in the act itself.

But Rama said, “If they all are one party then they should be sued as one party, all of them will be included. It will not be limited to one encompassing approach because that is a party stand.”

Councilor Nendell Hanz Abella, vice chairman of the committee on budget and finance, said the provisions in the annual budget are “harmless.”

He said he insisted during series of budget meetings to credit the P4.5 billion as fund source, which the committee agreed although with set conditions.

Councilor Margarita Osmeña, chairwoman of the committee on budget and finance, said she trusts the executive department to dispose of the SRP lots.

She said even if the budget was reduced the city still has continuing appropriations for Capital Outlay ready to be utilized, such as P261 million (2013) and P1 billion (2014).

“It’s not the end of the road for us. I personally believe that we will able to sell the lots at SRP,” she said.

Provisions

In the budget ordinance, the council has also placed a condition for the Maintenance and Other Operating Expenses at P3.72 billion.

Of the amount, P1 million will be allocated for the special bodies under the Office of the Mayor.

“All appropriations for MOOE shall not be used for payment of honorarium for job order personnel unless authorized through a resolution by the Sangguniang Panlungsod,” part of the general provision read.  —/BRP (FREEMAN)