Executive dep’t. ‘need not’ get council nod to buy fuel, oil

Saturday, February 4, 2012

THE executive department of Cebu City Hall won’t comply with the condition the City Council has set under the appropriation ordinance for the purchase of gasoline, oil and lubricants for motor vehicles.

The appropriation ordinance of the City for 2012 provides that the lump sum appropriations for gasoline, oil and lubricants amounting to P100 million requires prior authorization of the council before it can be used.

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For the past weeks, obligation requests for gasoline, oil and lubricants were stuck at the City Budget Office, since these transactions reportedly do not have prior authorization from the council.

But lawyer Dominic Diño, assistant city administrator for economic enterprise, said Mayor Michael Rama has instructed the City Budget Office and other concerned departments to process the requests without securing prior authorization from the legislative body.

This after the Department of Budget and Management (DBM) told them about the ruling in a case between Cebu Gov. Gwendolyn Garcia versus the Provincial Board.

The jurisprudence issued by the Supreme Court (SC) on Dec. 8, 2008 says only obligations that are not backed by prior ordinances are required prior authority from the Sanggunian concerned.

Authorization

The SC says the appropriation ordinance already serves as the authorization required under Republic Act 7160, or the Local Government Code of 1991.

“Another authorization becomes not only redundant but also detrimental to the speedy delivery of basic services,” the SC added.

While the condition was added as a measure of check and balance, the SC said the Sanggunian authorization is already in the form of an appropriation ordinance passed for the year.

Also, the SC cited Section 346 of the Local Government Code, which says that disbursements of local funds shall be made in accordance with the ordinance authorizing the annual or supplemental appropriations without the prior approval of the Sanggunian concerned.

With the jurisprudence, Diño said they have basis if they will not comply with the condition set by the City Council under the 2012 budget ordinance of the City.

Also, Diño said any ordinance should not contradict a law.

“And jurisprudence is part of the law of the land. So we should be guided by it,” he added.

“Different jurisprudence”

Sought for comment about the matter, Vice Mayor Joy Augustus Young that the case between Garcia and the members of Provincial Board is different, considering that the appropriation ordinance of the Province then did not specifically state that use, procurement and disbursement of funds still needs the authorization from the Sanggunian.

“Lahi man to. Sa atong ordinance, ato man gi-specify nga ibalik gyud sa council. They have their jurisprudence, we also have our jurisprudence,” he said.

The vice mayor said if the executive department pushes through with the procurement of the gasoline, oil and lubricants without an authorization from the council, the supplier may not be paid.

Cases may be also filed against concerned department heads, he added.