Mayor wants court to stop council from paying workers

DANAO City Mayor Ramon “Boy” Durano Jr. has filed a petition for declaratory relief
with a prayer for preliminary prohibitory injunction against the City Council.

The council is represented by his brother, Vice Mayor Ramon “Nito” Durano III.

Mayor Durano filed the petition before the Regional Trial Court (RTC) Branch 25.

Mayor Durano said it is not statutory and contractual obligation of the City Council to pay the salaries of the 250 casual employees because its insertion by the City Council in Appropriation Ordinance No. 03-12 has no legal and factual basis.

Records show that most of the members of the Cebu Provincial Board (PB) who favored the appropriation ordinance are relatives of Vice Mayor Durano, namely Vice Gov. Agnes Magpale, Board Members Peter Durano Calderon, Jude Thaddeus Durano Sybico, and Milagros “Ivy” Durano Meca.

They are all political opponents of Mayor Durano.

In an earlier interview, Mayor Durano said the 250 casuals were hired by Vice Mayor Durano representing the City Council but without following the legal procedures.

He said their supposed salaries were inserted in Appropriation Ordinance 03-12 so they can be paid.

Durano said that pursuant to Section 354 of RA 7160, Department of Budget and Management (DBM) Sec. Florencio Abad issued Local Budget Memorandum Circular 65 on June 27, 2011 addressed to all governors, city and municipal mayors, city and municipal councils, local finance committees and treasurers.

The memorandum stated that statutory and contractual obligations and budget requirements are exclusive for the prior year’s obligations, if any; terminal leave and gratuity benefits (compulsory retirement/end of term of elective officials), and debt servicing.

Mayor Durano said salaries and wages of casuals are, therefore, not statutory and contractual obligations as provided under local budget form 7, which could be considered an exception to the law prohibiting insertions by the City Council in the appropriation ordinance.